For a number of individuals, having a driver’s licence is imperative to the normal operation of their day-day work and family life. Having your licence suspended or disqualified can not only have a significant effect on your personal life but also on those around you. If you are convicted and have had your licence disqualified or suspended, it is important that you seek expert legal advice if you intend to appeal within the prescribed time limit.
Which decisions can you appeal?
You may be able to go to the Local Court and appeal a decision for the following offences:
- A decision by the RMS for exceeding the speed limit by more than 30 kph (Provisional) or 45 kph (Unrestricted).
- A decision by the RMS to suspend a P1or P2 licence for loss of demerit points.
- An on the spot immediate suspension by the police for exceeding the speed limit by 45 kph.
If your licence has been suspended or disqualified and you continue to drive, you will be subject to serious criminal charges and penalties.
Lodging a Licence Suspension AppealIf you wish to appeal your licence suspension to the Local Court, you must lodge an appeal within 28 days. There is no provision allowing for an extension of time.
Lifting a period of disqualification
If a Court has convicted you and imposed a period of disqualification, you are entitled to a right of appeal to the District Court within 28 days of the decision. You may be entitled to appeal within 3 months of the date of the order provided you have been granted leave from the District Court (a decision of the Local Court cannot be appealed after this period).
In exceptional circumstances, the Attorney-General’s Department has the jurisdictional power to uplift the unexpired term of a person’s licence disqualification. To be eligible to make an application, you must meet certain criteria, such as:
- Evidence of rehabilitation;
- Evidence of abstinence from drug/alcohol use, where applicable;
- No (or limited) offending since the date of the penalty;
- Evidence of new-found responsibility;
- Evidence of extraordinary circumstances affecting the applicant, which have arisen after the penalty was imposed;
- Evidence of a pressing need for a licence (not including loss of income as a result of licence) and the absence of reasonable alternatives to holding a licence; or
- Medical grounds (either in an individual or carer capacity) provide the strongest grounds for lifting a disqualification period.
All claims must be supported by appropriate documentary evidence. Character references are also an important part of a successful application.
It is important to be aware that given the rarity of successful applications, you must engage an experienced traffic lawyer so that an appropriately worded and supported application can be prepared and filed. Sydney Traffic Lawyers has the expertise to put your best case forward.
How can Sydney Traffic Lawyers help?
|Our Traffic Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.
Call us now on 02 8059 7121 or contact us after hours on 0420 998 650 or text 24hrs to book an appointment with one of our solicitors.The initial consultation is free.