In NSW, some (but not all) decisions of Transport for NSW around licensing and speeding can be appealed to the Local Court of NSW. The success of your appeal depends on a number of factors including a good defense!
You can lose you drivers licence if you exceed the demerit point limit on your drivers licence OR commit a traffic offence such as:
speeding
driving under the influence (DUI)
street racing
aggravated burnouts
driving without supervision (learner licence holders)
outstanding fine notice or a court-imposed fine.
Police can suspend your licence immediately or you may get a Notice of Suspension from Transport for NSW. You only have 28 days after receiving the suspension letter notifying you of the suspension to lodge an appeal. Once your appeal is lodged, generally you are able to continue to drive until your appeal is heard.
What decisions can be appealed?
The following decisions of Transport of NSW and NSW Police can be appealed in the Local Court:
A decision by Transport NSW to suspend your licence for exceeding the speed limit by 30 km or more than 45 kms an hour.
A decision by Transport for NSW to suspend a P1 or P2 (provisional) driver’s licence for loss of demerit points.
A decision by the Police to suspend your licence (on the spot) for exceeding the speed limit by more than 45 kms.
What Does the Court consider when determining an outcome?
In making their decision about your appeal request, the Court will take into account:
The circumstances of the offence;
The strength of the prosecution case;
Your traffic record/and character;
Your need for a licence (i.e. you need it for work);
The danger to the community if an order is made; and
Any other matter the Local Court considers relevant.
The Court will then make orders for one of the following:-
Allow (approve) your appeal (you get to keep your licence);
Disallow (reject) your appeal (the decision of Transport for NSW stands); or
Reduce the suspension period (for example from 3 months to 3/4 weeks).
In order to be successful in your licence appeal, you must show exceptional circumstances as to why the suspension should be lifted or varied.
Why its Important to get a Lawyer
The process of appealing the suspension of your licence can be tricky and requires an understanding of the legal system to make sure you get the best possible outcome.
As your Lawyer, its our job to:
Meet with you to review your matter and advise you on your legal options;
Draft and Lodge an Appeal to the Court;
Build your defense and collate all required evidence that will strengthen your position; and
Appear at Gunnedah, Newcastle or Lake Macquarie Local Court (in person or virtually) and defend your charge.
If you have found yourself in need of legal advice about a traffic offence, it's important to make contact with us quickly as time limits can apply.
Reach out to our office on 02 6742 2122 or email office@mcallanlegal.com.au to book a free 15 minute consult with Lawyer, Katie Jolliffe.
Gunnedah & Newcastle in office, and visits are available in Muswellbrook, Singleton, Scone, Murrurundi, and Tamworth.