For many people, holding a driver’s licence is vital in order to go about their day-to-day work and family life. Hence a suspension or disqualification of that licence can have dire consequences. There are ways to appeal a decision of this nature by the RTA or police, however there are strict time limits within which to launch an appeal so it’s important to seek expert legal advice right away.
Which decisions can you appeal?
You may be able to go to the Local Court and appeal a decision for the following offences:
- A decision by the RTA for exceeding the speed limit by more than 30 kph (Provisional) or 45 kph (Unrestricted).
- A decision by the RTA to suspend a P1 or P2 licence for loss of demerit points.
- An on the spot immediate suspension by the police for exceeding the speed limit by 45 kph.
If your licence has been suspended or disqualified, it is illegal for you to drive. There are serious criminal penalties that can apply if you get caught driving whilst suspended or disqualified.
Lodging a Licence Suspension AppealIf you wish to appeal your licence suspension to the Local Court, you then have 28 days to lodge the appeal in the Local Court. It is crucial that the appeal is lodged within 28 days as there is no provision for an extension of time.
Lifting a period of disqualification
If a court has convicted you and ordered a period of licence disqualification, you have an automatic right to appeal to the District Court within 28 days of the decision. After this, you have 3 months in which you can appeal, but only with the leave of the District Court. After this time, a decision of the Local Court cannot be appealed.
However, in exceptional circumstances, the Attorney-General’s department has the power to remit the unexpired term of a person’s licence disqualification. What this means is that after a matter has gone to court, and a penalty and disqualification imposed, the disqualification can be lifted. The Attorney-General requires specific criteria for these types of applications. Applicants must demonstrate the following, among other requirements:
- Evidence of rehabilitation;
- Evidence of abstinence from drug/alcohol use, where applicable;
- No (or limited) offending since the date of the penalty;
- Evidence of new-found responsibility;
- Evidence of extraordinary circumstances affecting the applicant, which have arisen after the penalty was imposed;
- Evidence of a pressing need for a licence (not including loss of income as a result of licence) and the absence of reasonable alternatives to holding a licence.
- Medical grounds (either in an individual or carer capacity) provide the strongest grounds for lifting a disqualification period.
All claims must be supported by appropriate documentary evidence. Character references are also an important part of a successful application.
These types of application are rarely granted. It is important that your application be appropriately worded and supported by relevant documentary evidence. Sydney Criminal Defence Lawyers has the expertise to put your best case forward.
How can Sydney Criminal Defence Lawyers help?
|Our Criminal Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.
Call us now on 1300 885 646 or contact us after hours on 0413 317 391 or text 24hrs to book an appointment with one of our solicitors.
The initial consultation is free.