There are a number of different driving offences that can lead to suspension or disqualification in NSW.
Some offences will be dealt with in court, while others are handled outside the court process, by Roads and Maritime Services (RMS).
If your licence is to be suspended by RMS, you will generally be informed through the mail.
On what grounds could RMS suspend my licence?
There are a number of reasons you could end up with a licence suspension by the RMS.
The most common is the accumulation of a certain number of demerit points.
If you get more than 13 demerit points on an unrestricted driver’s licence, you will face suspension or disqualification by RMS.
This is different to being convicted of a traffic offence such as drink driving, which is considered a criminal matter.
Demerit points are accumulated for traffic offences including speeding, using mobile phones while driving, failing to obey signs, and not ensuring all passengers are wearing their seatbelts, as well as a number of other offences.
If you have received demerit points for any of the offences included in the demerit points scheme, you will receive notification by post.
In addition to having demerit points on your licence, you may have to pay a fine.
Can I appeal demerit points?
Unfortunately you are not able to appeal a suspension on the grounds of demerit points, but there are a few other ways you can appeal and potentially avoid getting a suspended licence from RMS.
If you are facing suspension or disqualification, and you want to appeal, it is important to seek advice from experienced traffic lawyers.
If you believe that you were given a speeding ticket or penalty for another traffic offence from RMS unfairly, you can appeal it and have the matter dealt with at court.
Depending on the strength of the prosecution, and how much evidence there is against you, it is possible that you could be found not guilty.
If you are found guilty, you may be able to have the matter dealt with under a Section 10, which is a finding of guilt with no conviction.
It is also possible that you could be found guilty and face a harsher penalty than you would have received otherwise, which is why it is important to speak to a traffic lawyer first.
Can I appeal a licence suspension from RMS?
- It is possible to appeal against a driver’s licence suspension under certain circumstances, which can include:
- If you have been issued with the disqualification by RMS after speeding in excess of 30 or 45 kph.
- You have a provisional rather than a full licence.
- You have a full licence, but wish to plead not guilty to the offence that led to the demerit point suspension.
- You were given an on-the-spot suspension by police for excessive speeding, or a mid to high-range drink driving offence.
- You want to plead guilty to the offence that led to the demerit point suspension, and ask for a Section 10 order from the magistrate.
There is a time limit on appeals against driving licence suspension.
For your appeal to be valid, you must lodge it within 28 days of finding out that your licence has been suspended or receiving the notification from RMS through the post.