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Receiving a Notice of Suspension of your driver licence can result in significant repercussions. Many people have a strong need for a licence and not being able to drive for a period of time can result in a loss of employment and significant disruption to other daily activities. Thankfully, in certain circumstances, there is a right of appeal against the decision to suspend a licence. It is very important to seek legal advice as soon as you receive a Notice of Suspension of your licence to determine if you are able to appeal the decision and to ensure that your appeal is lodged in time.
Can I appeal against a licence suspension?
There may be a right of an appeal against the decision to impose a licence suspension. If a right of appeal exists, it is very important to file your appeal with the Local Court of NSW before your due date. There are no extensions available for late appeals meaning that the original decision to impose the licence suspension will stand. A licence suspension can be lodged online or at any Local Court registry.
What are the potential outcomes of a licence appeal?
There are a few potential outcomes of a licence appeal. These are:
- The appeal is upheld and the decision to suspend your licence is quashed which means that no suspension period will apply.
- The appeal is dismissed and the decision to suspend your licence is confirmed which will require the full period of suspension being served.
- The decision to suspend your licence is varied, reducing the period of time your licence is suspended.
I hold an international or interstate licence. Can I appeal against the withdrawal of my driving privileges?
There are some circumstances where a court will have the power to hear an appeal against the decision to withdraw licence privileges for overseas or interstate licence holders. The circumstances giving rise to the decision to impose a withdrawal of licence privileges need to be carefully examined to determine whether a right of appeal exists.
How can my lawyer help in my licence appeal?
It is important to seek legal advice immediately upon receiving notification of your licence being suspended. There are strict time limits which apply to lodge an appeal against the decision to suspend your licence and therefore it is important to act fast before it is too late.
Your lawyer will be able to identify whether you are able to appeal the decision to suspend your licence and when your appeal needs to be lodged. Your lawyer can also assist with drafting and lodging your appeal with the court. Importantly, your lawyer can help with preparing your appeal and presenting evidence and submissions on your behalf to try and obtain the best outcome for you in the circumstances.
If you are facing licence suspension, our expert defence criminal and traffic lawyers in Sydney can help. We will carefully consider your case and provide expert advice on your options.
Our team of expert criminal and traffic defence lawyers in Sydney have a proven track record of securing successful outcomes for our clients in criminal law matters. Our results speak for themselves.
If you require expert representation in a licence appeal matter, don’t delay. Contact our expert traffic law defence lawyers in Sydney today.
