Licence Suspension Appeals
Australian Criminal Law Group is Sydney’s best criminal and traffic law team for licence appeals.
Licence suspension appeals expert criminal lawyers at Australian Criminal Law Group understand the impact a loss of licence has on your life.
We believe it is unfair for you to lose your job because a court takes your driver’s licence away. We know that having a driver’s licence to travel to and from work is important. It’s the difference between seeing or not seeing your kids before you leave for work in the morning and when you arrive home at night. These are the reasons we fight so hard for you to keep your driver’s licence and have an uninterrupted life.
Below is information about the licencing process. If you need representation or licence advice, make a website enquiry or call our free 24/7 bail hotline on (02) 8815 8167. Australian Criminal Law Group are based in Sydney, Parramatta and Blacktown and represent clients from across the broader Sydney area.
What is a licence appeal?
Licence suspension appeals are appeals to the Roads and Maritime Service for a suspension of a driver’s licence to be waived or reduced. You may lodge a licence appeal where your licence will be suspended for:
- Speeding 30km or 45km over the speed limit;
- Your licence will be suspended on account of an accumulation of demerit points and you are a P Plater.
Please note that full licence holders can not appeal for the suspension to be reduced or waived because of demerit points. You can go on a good behaviour licence or have a charge dismissed pursuant to section 10, so there is no suspension or disqualification.
When must licence suspension appeals be lodged by?
Licence suspension appeals must be lodged within 28 days of receiving a notice of suspension from the RMS. If your licence is going to be suspended, contact our office for advice about your prospects of having the suspension set aside.
What happens at a licence suspension appeal?
A Licence Appeal proceeds before a Magistrate in the Local Court of NSW. The Magistrate has conferred a broad power when a Licence Appeal is heard and may do one of three things:
- Uphold the Appeal. Y Your licence will not be suspended but you will keep the demerit points you have accrued; or
- Reduce the suspension period e.g. from 3 months to 3 weeks (causing your demerit points to reset); or
- Dismiss the Appeal and direct you to serve the suspension, usually from the date of court.
What will the court consider in a licence appeal?
There is no legal test that a Magistrate must undertake in determining how you are dealt with. However, a court will typically give weight to the following factors:
- Your traffic record. The better your record, the better your prospects of success;
- Your character generally;
- Your need for a licence;
- The circumstances of your offending.
What will my traffic lawyer do to prepare my case?
To prepare your case to the highest standard and speak on your behalf, evidence supporting submissions on the above factors are usually supplied to your traffic lawyer. They are then tendered to the court. Examples of evidence that may assist in an Appeal includes:
- Certificate of completion of the Traffic Offenders Program.
- References from employers, family members and health professionals stating why you have a need for a driver’s licence e.g. for work, to pick up and drop off children from school, a chronic back condition, etc.
- Employment contracts stating that having a driver’s licence is a condition of employment.
- Medical documentation about any medical conditions you or members of your family have.
- Trip planner documents showing geographic isolation or unavailability of public transport from your residential address to your place of employment.
- A letter of apology or affidavit stating what happened.
What should be in my references?
For the best chance of keeping your licence, it is recommended that you work closely with one of our solicitors to prepare your case. Your criminal lawyer will request you obtain references. Below are some reasons a court may invoke for not recording or reducing a suspension period.
A detailed guide to reference writing can be viewed here.