Driver Licence Appeals in NSW
A licence suspension may be incurred following being caught speeding by camera or a police officer. A police officer has the power to suspend on the spot anyone caught speeding, however if your suspension was not ‘on the spot’, you will be informed in writing by Roads and Maritime Services (RMS) of the start and end date of the suspension.
A licence suspension (capable of appeal) may also be imposed in the case of a low range drink driving offence, which can be taken to court both to seek leniency for the penalty if objecting to the notice, or to have the suspension set aside where it was initiated immediately, pending review in court.
If you are caught speeding, a three month suspension will be imposed for speeds detected between 30 km/hr and 45 km/hr above the speed limit, and six months for speeds exceeding 45 km/hr. Similarly, low-range drink driving will also receive a three month suspension.
Can I Appeal the Suspension?
Driver licence appeals in NSW can occur at the Local Court but it must be lodged before 28 days is up from the suspension notice date. If the appeal is lodged after this date then it will not be accepted by the court.
Additionally, it is also important to act fast if you are looking for leniency (through a section 10) in court without appealing the immediate suspension first, as often a large portion of the immediate suspension can lapse before reaching court to be heard.
To file an appeal you do this by filling up an Appeal Form which you can get at the local court or its website. The Appeal Form must then be filed with the local court registry and filing fees paid.
When proceeding to court, it is important that you seek legal advice and prepare properly, as the decision of the magistrate is not appealable, so if the decision is not in your favour you have no choice but to comply with the period of suspension.
To make sure you are properly prepared for any NSW licence suspension appeal get in touch with ZD Legal – Driving Defence Lawyers Sydney.