Traffic law is a complex area of law, and in particular licence appeals so it is essential you seek legal advice from experienced traffic lawyers about your specific situation to achieve the best possible outcome.
Losing your driver’s licence may affect your ability to work and earn an income and interfere with your employment and basically your capacity to travel anywhere. There are a number ways your licence can be suspended such as by New South Wales Police, the Courts, and Transport for New South Wales (TfNSW).
NSW Police licence suspensions
Your driver’s licence can be suspended by a Police officer either on the spot or within 48 hours of issuing a traffic infringement notice that includes the following traffic offences:
- DUI offences;
- Drink driving offences (PCA);
- Serious driving offences (e.g. dangerous driving, negligent driving that cause death or grievous bodily harm);
- Street racing;
- Speeding offences in excess of 45km/h (automatic suspension period of 6 months);
- Aggravated burnout offences;
- Learner licence holder drive while unaccompanied by an appropriately licensed driver (automatic suspension period of 3 months);
- Learner or provisional licence holder speeding in excess of 30km/h (automatic suspension period of 3 months).
You must not drive until the court orders otherwise If a police officer has suspended your licence.
In Court you will need to prove there were exceptional circumstances that caused you to commit the traffic offence, when appealing a police issued licence suspension.
Transport for NSW (TfNSW) suspension
If you are a provisional or learner licence holder and exceed your demerit points you can appeal against the Transport for NSW (TfNSW) suspension. If you hold a full licence and exceed 13 demerit points or more, you may apply for a good behaviour licence and cannot appeal this suspension. Please see below.
Court appeals can be made for the following suspensions:
- for speeding more than 30 km/hr over the speed limit (TfNSW suspension)
- for speeding more than 45 km/hr over the speed limit (TfNSW suspension)
- on the spot fine by a police officer.
Appealing the suspension- you normally only get one chance at a driver licence appeal.
You only have 28 days to appeal your licence suspension, so it is important not to delay and miss the opportunity to appeal the suspension.
Documents to prepare for the appeal
The evidence required to support your licence appeal and assist the court in determining whether to uphold or refuse your appeal.
The court may determine that your licence should not be suspended and consider any:
- Character references, which is a letter written by someone of standing in the community;
- Your driving record, which you will need to apply for a certified copy to be able to use it for evidentiary purposes
- Your need for a licence for study, work or carer obligations
- The circumstances of the particular offence
- Any other steps you have taken to reduce the likelihood of reoffending.
- Your remorse
What happens at Court?
In court the magistrate may :
- Allow your appeal – essentially allowing you to keep your licence the best possible outcome that can be achieved by appealing your licence
- Disallowing your appeal – meaning your appeal is rejected and you will be suspended for the time set by the TfNSW; or
- A reduced the suspension period
You can rely on us for expert legal representation. Contact us today for a FREE initial consultation about your situation.
