Going to Court? Book Your Free First Appointment

Appeals Against Immediate Driver Licence Suspensions by Police

Appeals Against Immediate Driver Licence Suspensions by Police can be made under section 267 of the Road Transport Act 2013 by filing an appeal to a Local Court within 28 days of receiving the Notice of Suspension.

Under section 268 of the Act, the Local Court has the power to:

  1. Set aside the suspension
  2. Vary the suspension
  3. Confirm the suspension, or
  4. Make any other order ‘as seems just to the Court in the circumstances’.

The court can only set aside or reduce your suspension if you can establish ‘exceptional circumstances’ which justify doing so.

In making that decision, the court can take into account:

  1. The type of alleged offence that led to your suspension
  2. Your driving record, and
  3. Your need for a licence.

It cannot consider the circumstances of the alleged offence itself.

You can increase your prospects of having your suspension set aside or reduced by:

  1. Obtaining character references which explain your need for a licence,
  2. Preparing a letter of apology which explains your need for a licence, and
  3. Obtaining any other materials which explain your need for a licence such as a letter from a doctor or your employment contract.

What Our Clients Say SEE ALL

  • ★★★★★

    Her ability to navigate complex legal matters with confidence and competence sets her apart

    I want to express my sincere gratitude for the exceptional legal representation provided by Rachel…

  • ★★★★★

    Genuinely changed my life!

    Tandy genuinely changed my life! Would recommend her to anyone.

  • ★★★★★

    Her genuine care and support made all the difference

    Ash is an outstanding lawyer whose expertise in the law is truely commendable. She effortlessly…

  • ★★★★★

    I got off with no jail time which surprised alot of people including myself

    This Review is specifically for Jayden Murdoch who is a highly skilled and knowledgeable lawyer…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages

APPOINTMENT BOOKING FORM

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)