Licence Appeals - Speeding Offences

Lawyers NSW

Speeding Offences & Suspensions Periods

There are certain speeding offences that qualify for automatic driving suspensions.

 

  1. If the driver was caught speeding more than 30km/h over the speed limit, but under the 45km/h, there will be an automatic licence suspension of 3 months.

  2. If the driver was caught speeding more than 45km/hr over the speed limit, there will be an automatic licence suspension of 6 months. 

 

What is an Immediate Police Suspension?

Police have the power to suspend your licence on the spot if they have caught you doing any of the following activities on a public road:

  • Driving with Middle or High Range Prescribed Concentration of Alcohol

  • Speeding offences exceeding 45km/h over the speed limit

  • Speeding offences exceeding 30km/h over the speed limit while holding a Provisional or learner Driver Licence

  • Driving unaccompanied in a motor vehicle whilst the holder of a Learner Licence

  • Being involved in street racing on a public road without proper notice and organisation

  • Being responsible for a serious driving offence which caused death or grievous bodily harm

 

What can I appeal?

There are several suspensions which you may be able to appeal in the Local Court before a Magistrate, and they include:

  • A RMS Suspension from a Speeding offence of driving over 30km/h but under 45 km/h over the speed limit

  • An Immediate Police Suspension from a Speeding offence of driving over 30km/h but under 45km/h over the speed limit.

 

It is important to note that if your licence has been suspended by a Police officer, you would need to show to the Court that there are “exceptional circumstances”  with valid explanations as to why the suspension period should quashed or varied.

I have received Notice of Suspension – What do I do?

If you have received a Penalty Notice for a Speeding offence and have then paid the fine, the Roads and Maritime Services (RMS) will then send you a separate Notice of Suspension letter in the mail that will notify you the duration of the suspension period and the commencement day.

It is important to seek professional legal advice from experienced Traffic Lawyers immediately, as you only have 28 days from the date of the letter to lodge the Appeal in the Local Court.

What happens at Court for my Appeal?

If the appeal has been lodged in time, the matter will be set down for a Local Court hearing, where you will be required to attend Court. You will be able to continue driving until the Court date, when your matter will be heard before a Magistrate. Yourself or your solicitor will then have the task of presenting oral arguments as to why you should receive either a reduced or completely dismissed suspension period. The solicitor representing the RMS may also make submissions as to why your suspension period should stand

Going to Court – “What am I looking at?”

 

Local Court Magistrates has several options in dealing with the Licence Appeals for Speeding Offences.

 

  1. They can uphold the decision made by the RMS to suspend the Licence for its entire duration and dismiss the Appeal; or

  2. They can vary the suspension period, usually by slightly diminishing its duration; or

  3. They can quash the suspension and uphold the Appeal

 

It should be noted that the Magistrate’s decision made on the Appeal Application  is final and there is no further avenue of Appeal.

Lawyer Call – here to help..

Contact one of our offices on 1300 LAW 111 and our expert Traffic Defence team will conference with you regarding what is required to maximise the potential success your Appeal application. Together, we will gather and assess specific supporting documentation to highlight your need for a licence. Based on available evidence, our solicitors will make strong verbal submissions to the Magistrate highlighting various forms of hardships that would be suffered as a result of a loss of licence for the suspension period as well as any other subjective factors that will show the Court your personal circumstances.

At Lawyer Call we treat each case on its own merit, and hold the view that a thorough presentation of all subjective factors along with available documentation and references, will give clients the best chance for a successful Appeal.

 

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