How to appeal a Licence Suspension
The first thing to note about licence appeals is that there are two types of licence appeals, a Police suspension licence appeal and an RMS Licence Suspension Appeal.
Police licence suspension appeal
How to appeal a licence suspension issued by a police officer
The police can issue an ‘on the spot’ licence suspension for speeding more than 30 km/hr over the speed limit or for speeding more than 45 km/hr over the speed limit. If this occurs, and you want to challenge the suspension, an application must be filed at your closest Local Court under Section 45 of the Local Court Act 2007. Once the matter is in court, then you have two options available to you:
- Plead guilty and try and seek a Section 10 (a plea of guilty where no conviction is recorded) or
- Plead not guilty for any number of reasons (e.g. you were not the driver or you were not travelling at the alleged speed).
How to appeal a licence suspension by the RMS/RTA
The Roads and Maritime Services (RMS) can suspend your licence if you have exceeded the maximum number of demerit points. See the list below to check which category you fit in:
- Unrestricted licence – 13 points
- Professional drivers – 14 points.
- Provisional P2 licence – 7 points
- Provisional P1 licence – 4 points
- Learner licence – 4 points
It is important to remember that NOT all suspended licences can be appealed.
Provisional licence holders have more rights to appeal their licence suspension. The courts very often give them leniency due to the limited demerit points they have on their licence.
If you receive a traffic infringement for an offence that you think may put you over your demerit points limit, or you are already on a good behavior licence, it is important that you contact us BEFORE you pay the fine.
You have 28 days from receiving the notice from the RMS in which to file a licence appeal at your nearest local court.
How does the court determine if the licence appeal should be allowed?
The legal test for both types of appeals in terms of maintaining a driver’s licence is whether you are a ‘fit and proper person’ to hold a licence. The court will have regards to your age, your driving record, your need for a licence and any other personal circumstances.
For more information and case studies on licence appeals we have conducted for our clients, go to:
https://lylawyers.com.au/criminal-law/traffic-offences/licence-appeals-demerit-points/
If you are facing a licence suspension, call LY Lawyers on 1300 595 299 to speak to one of our experienced traffic lawyers. We will prepare your licence appeal application, file it and represent you at court to help you keep your licence.