Losing your driving licence can have a serious impact on your employment prospects and lifestyle. If you have had your licence suspended, or you have been disqualified from driving, it is possible in some circumstances to appeal and successfully get your licence back. In order to do this, you need to seek advice from experienced traffic lawyers. Sydney has a number of legal specialists who can help you get back behind the wheel, and continue your normal life after having your driving licence taken away.
Under what circumstances can I appeal?
You are allowed to appeal a driving licence suspension under certain circumstances. These circumstances include:
- Where police have suspended you on the spot for driving over 45 km/h in excess of the speed limit.
- Where you have been convicted of driving over the speed limit by over 30 or 45 km/h.
- Where you are a provisional licence holder, and have been suspended for loss of demerit points.
There are a number of situations where you can’t appeal at the moment, although this may change in the future. These include:
- Where the driver is on a good behaviour bond and has breached the terms of the bond.
- Where the driver is on an interlock licence.
- When a driver on an unrestricted licence is suspended due to the accumulation of demerit points.
How do I appeal?
If your licence has been suspended by the RMS, you will need to lodge your appeal within 28 days of receiving the notice of suspension. You need to lodge this appeal at your local court, where the magistrate will be responsible for making the final decision.
If your licence has been suspended by a police officer, you will also need to appeal at the local court. The court will then decide whether to allow your appeal, and let you keep your licence, to disallow it and continue with the suspension, or whether to reduce the disqualification term. Their decision is final.
How will the court decide whether to allow my appeal?
There are a number of factors the court will take into account when deciding whether to allow your appeal or not. To be successful, you will need to prove there are exceptional circumstances, which justify lifting or decreasing the suspension. As well as any extenuating circumstances surrounding the incident itself, you will need to show proof of a clean driving history, and provide evidence to support your need for a licence. If you depend on your licence for employment, or to keep up with family commitments and can demonstrate this, it will help to strengthen your case. If you are unsure whether or not you have a strong enough case to appeal your licence suspension, it is a good idea to seek advice from experienced traffic lawyers. Sydney and NSW lawyers will have a strong understanding of NSW traffic laws and can advise you on the likelihood of your application being successful.
Having your driving licence suspended, even for a short period of time, can have a negative impact on your lifestyle. Fortunately, it is often possible to appeal a driving licence suspension, and get your licence back. Speak to one of our experienced traffic lawyers, to find out more about how you can appeal your driver licence suspension, and get back on the road as soon as possible.
Going to court for a traffic offence?
If you are going to court for a traffic offence, call or email Sydney Criminal Lawyers anytime to arrange a free first consultation with an experienced, specialist traffic lawyer who will accurately advise you of your options, the best way forward, and fight for the optimal outcome in your specific situation.