Licence appeals – suspension for speeding or demerit points

If you have received a penalty notice or on-the-spot fine for speeding at over 30 km/h or 45 km/h, you may also have your driver’s license suspended by the Roads and Maritime Services (formerly the RTA). The suspension period can be for either 3 months or 6 months respectively.

You can also be suspended if you accrue too many demerit points for your class of licence.

In this event, you can elect to take the matter to a Local Court and appeal against the suspension (Licence Appeals cannot be made for demerit points if you hold a full licence).

If you choose to do this, you will need to lodge your appeal within 28 days of receiving your suspension notice. If you do not lodge your appeal within this time, you will lose your right to appeal, and you will have to remain suspended from driving. Once you have lodged your appeal, you are allowed to continue driving until your Court date.

When appealing your suspension in Court, some of the factors that a magistrate may consider generally include:

  • Your previous driving record,
  • Whether you are a fit and proper person to hold a driver’s licence, and,
  • Your need to have a licence.

The Court can order 3 things:

  1. The appeal is dismissed, which means you will have to serve out the full suspension period;
  2. The Court can reduce the suspension which would have otherwise been imposed by the RMS; or
  3. The appeal can be upheld which means the whole suspension period is set aside and you will be able to continue driving.

Are you looking to defend other charges that are related to licence suspensions for speeding or demerit points? See the below charges:

Note that the Court’s decision is final, and there are no further appeals against the Court’s decision. This means you should obtain the best legal representation possible at Court.

Please contact Benjamin & Leonardo Criminal Defence Lawyers for your FREE conference.

 

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