If you are unhappy with a decision made by the RMS or Police to suspend your licence, you can lodge an appeal to overturn the decision and get your licence back.
You normally only get one chance at a licence appeal, so it’s important to ensure that you are being represented by an experienced traffic lawyer who has a proven track record of winning driver licence appeals.
An appeal is a basically a request to have a decision made again.
If you disagree with a decision by the RMS or Police to suspend your licence, you can request to have the decision re-determined by a magistrate in the Local Court.
This means that the magistrate will listen to both sides of the story and make a decision based on the facts and circumstances of your case, including the circumstances of the offence (in other words, the reasons why your licence was suspended in the first place), your previous traffic record and prior character, and why you need a licence.
If you are considering lodging an appeal, it’s important that you do so as soon as possible. There is a time limit on lodging appeals – you are required to lodge your appeal within 28 days of receiving the RMS notification letter, or within 28 days of finding out that you are suspended.
Some, but not all decisions by the RMS can be appealed. Decisions which can be appealed include:
- A decision by the RMS to suspend your licence for speeding by more than 30 or more than 45 kph
- A decision by the RMS to suspend a provisional (red or green P) licence due to loss of demerit points
- Decisions by police to suspend your licence on the spot – for example, for mid or high range drink driving or speeding by more than 30kph or more than 45kph
- Where you have a full licence and you wish to plead ‘not guilty’ to the offence that caused the demerit points suspension
- Where you have a full licence and you wish to plead ‘guilty’ to the offence that caused the demerit points suspension, but your lawyer is requesting that the matter be dealt with by way of a ‘section 10’ – i.e. where you are found guilty of the offence but no conviction is recorded.
Decisions which cannot be appealed include:
- Decisions to suspend full licence holders for loss of demerit points
- Decisions to suspend an interlock drivers licence
- Where you are on a good behaviour bond licence and you breach your bond
Why Sydney Criminal Lawyers®?
You only get one chance at an appeal – so make sure you give it your best shot by getting Sydney’s best traffic lawyers on your side.
At Sydney Criminal Lawyers®, we know how important it is for you to keep your licence for work, travel and day-to-day activities.
Our expert lawyers have years of experience winning driver licence appeals in the Local Court. From our long and proud history of defending these matters, we have refined various techniques and methods to ensure that you get the best possible chance at winning your appeal.
Often, coming to court can be confusing and difficult, especially if it’s your first time. However, you can rest assured that our dedicated lawyers will take the time to explain everything to you every step of the way – so that you’re never left in the dark.
We will even assist you in obtaining materials and evidence to bolster your case, such as character references and expert evidence and data to disprove the prosecution’s case.
We also understand that coming to court can be costly, which is why we offer our clients fixed fee arrangements – so you know exactly how much you’ll be paying right from the start.