If you have had a decision made against you by the police or Roads and Maritime Services (RMS) to suspend or cancel your licence, you may have grounds to appeal the decision.
Decisions that may warrant an appeal include:
- Decisions made by Roads and Maritime Services to suspend your licence for travelling at a speed either more than 30 km/h or more than 45 km/h over the prescribed speed limit;
- Decisions made by Roads and Maritime Services to suspend a P1 or P2 provisional licence, or a learner licence, for loss of demerit points;
- Decisions made by police to suspend your licence on the spot for travelling at a speed of more than 45 km/h over the prescribed speed limit.
In such cases, an appeal must be lodged at the Local Court within 28 days of receiving your letter advising of your licence cancellation or suspension. Appeals can be lodged online through the Service NSW online portal, by mail, or in person at a Local Court registry.
ATTENDING YOUR COURT HEARING
Once an online appeal form has been lodged, an email from the registry will be sent to you, which will advise of the details of your filing status, and an attached court-sealed document. This document will list the time and date of your hearing, as well as the details of the court location that you requested to be heard in. Alternatively, if an appeal form is lodged in person at a Local Court, the registry attendant will be able to advise you of your hearing details filing your appeal.
It is essential that you arrive to court on time for your scheduled hearing. If for any reason you are unable to go to court on your listed date, you can contact the court and seek to have your matter listed on an alternate date and time. Taking action earlier rather than later in these situations will provide greater flexibility for the courts to comply with your request. Failure to attend court may result in your appeal being dismissed.
PRESENT YOUR CASE
In order for your appeal to be successful, you will have to outline special circumstances to the court which justify a decision to lift or vary your suspension. You will have to explain your circumstances to the Magistrate, and submit all relevant documents (such as character references, letter of apology, the RMS notice letter, and other documents you may feel are relevant) to the Court.
In making a decision, the Magistrate will consider various factors, including the strength of the prosecution’s case against you, your need to continue holding a licence (whether it be for work or other family/personal reasons), and any potential danger to the safety of the community if a suspension or disqualification is lifted.
In any event, it is always best to seek legal advice from a qualified traffic lawyer, who will be able to inform you about your best prospects of success in your licence appeal matter.
ENGAGE US AS YOUR LICENCE APPEAL LAWYERS IN SYDNEY
If you are facing a licence appeal and need help, give us a call at Sydney Traffic Lawyers. We will connect you with a licence appeal lawyer in Sydney who can walk you through the basics of your charges and learn more about your case. From there, we will identify and build the best defence possible for your situation. To schedule a consultation today, give us a call on (02) 8059 7121.