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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.
Why has my licence been suspended?
There are a number of reasons why a person’s driver licence may be suspended in NSW. Some examples of situations giving rise to a suspension of a driver licence in NSW are:
- Exceeding your demerit points quota.
- Failing to pay outstanding fines.
- Committing an offence giving rise to a suspension such as exceeding the speed limit by more than 30km/h or 45km/h.
- Learner drivers driving without a supervisor holding the required driver licence.
- Major traffic offences such as drink driving, street racing, hooning, and driving in a manner or speed considered to be dangerous.
- On medical grounds if there are concerns that you are not medically fit to continue to hold a driver licence.
- It is important to note that a licence suspension will apply to all categories of vehicles on your licence.
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.
There are some circumstances where there is no right of an appeal against the decision to impose a licence suspension. For instance, full licence holders who accumulate 13 or more demerit points within a 3 year period will incur a demerit points suspension of their licence. There is no right of appeal against this decision however there is an option for an election for a good behaviour licence. Learner and Provisional licence holders who exceed their demerit points quota will be able to lodge an appeal against a decision to suspend their licence.
How does a court determine a licence appeal?
If a right of appeal exists in respect of a decision to suspend your licence, a court may need to approach your appeal in different ways, depending on the circumstances. In many appeals, there is an appeal as of right meaning that the court will need to consider all of the circumstances of the offence(s), your record as well as your personal circumstances in determining whether to grant your appeal or allow any leniency.
In some instances, a court will not entertain an appeal unless you can demonstrate exceptional circumstances justifying why the court should either allow your appeal or vary the period of licence suspension. Immediate or ‘on the spot’ licence suspensions imposed by the Police for major or serious traffic offences such as drink driving or dangerous driving are examples of situations which will require an appellant to demonstrate exceptional circumstances as to why the court should allow an appeal or to vary the period of licence suspension.
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.
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. This means that subject to there being no other impediments or restrictions upon your licence, you will be free to continue driving.
- The appeal is dismissed and the decision to suspend your licence is confirmed. This means that the original decision to suspend your licence is confirmed. You must not drive during the period of your licence suspension. Driving whilst suspended is a criminal offence which can lead to significant penalties being imposed, including a further loss of licence.
- The decision to suspend your licence is varied. For example, the court has the power, in some cases, to order that the period of your licence suspension is reduced. For instance, a suspension period of 3 months can be reduced to a matter of weeks in the appropriate case.
- Make any other order as the court sees fit in the circumstances.
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. Thereafter 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.
Why Choose Australian Lawyers and Advocates?
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 criminal or traffic law matter, don’t delay. Contact our expert criminal defence lawyers in Sydney today.
