Facing a licence suspension can be a challenging and stressful experience for any driver, as the impact of a suspension on daily life can be significant. Fortunately, if you’ve had your driver licence suspended by police, or received a letter from Transport for NSW (TfNSW) suspending your licence, you may have the right to appeal against the decision in the Local Court.
Grounds for licence suspension in NSW
Driver licences can be suspended for a variety of reasons, including exceeding the demerit point limit, not paying an outstanding fine or a court-imposed fine, medical reasons or committing a traffic offence (such as speeding or driving under the influence of alcohol or drugs).
Understanding the demerit point system
Different traffic offences carry varying demerit point penalties, and once you accumulate a certain number of demerit points within a specific period, your licence may be suspended.
Police suspension
A police officer can suspend your licence on the spot or within 48 hours of you being charged with a traffic offence or receiving a penalty notice. If your licence is suspended on the spot, the suspension begins immediately and you will not be able to drive away; someone else will need to collect your vehicle.
Depending on the type of offence, the suspension may be an automatic period of 3 months or 6 months, or if you are charged with a traffic offence which requires you to attend court, the suspension will remain in place until your case is heard by the court. The court will take into account the time you have already spent on suspension when it makes its decision.
Appealing a police suspension
If a police officer suspends your licence and you wish to appeal, you must file your appeal within 28 days of the date you were suspended. If you do not lodge your appeal within 28 days, generally the court would not have the power to hear your appeal. While awaiting the appeal, your licence remains suspended and you must not drive at least until the court date.
The court cannot lift the suspension or vary the length of the suspension unless there are exceptional circumstances to justify doing so. It can be very difficult to show exceptional circumstances, and it is important to seek legal advice to assist with this.
You can appeal a police suspension online or lodge your application notice at any Local Court registry.
Appealing a TfNSW suspension
If you receive a suspension letter from TfNSW and you appeal the suspension, the suspension will be stayed (paused) and you can continue driving until your court date. You must file your appeal at least one day before your suspension is due to begin.
You can appeal a TfNSW suspension online or lodge your application notice at any Local Court registry.
Grounds for appeal
To increase the chances of a successful appeal, it is crucial to prepare comprehensively. This may involve gathering evidence, witness statements and relevant documents that support the grounds of appeal. Consultation with legal professionals who specialise in traffic law can provide valuable guidance in preparing a compelling appeal.
The most important part of case preparation is identifying the grounds of appeal. Some of the most common grounds are set out below.
Incorrect information
If there is evidence that the information leading to the licence suspension was incorrect or inaccurate, it can be a strong basis for appeal. This may include errors in the recording of demerit points or misidentification of you as the driver involved.
Exceptional circumstances
Demonstrating exceptional circumstances that contributed to the traffic offence or violation may be considered grounds for appeal. This could include a medical emergency or unforeseen events that affected your ability to comply with road rules.
Procedural errors
Any procedural errors in the process leading to the licence suspension may be grounds for appeal. This may involve a mistake made during the traffic stop or a problem with the issuing of a penalty notice.
Hardship
If the suspension would cause you significant hardship, this may be a ground of appeal. Hardship considerations may include impacts on employment, education or essential medical needs.
Attending a hearing
Once the appeal is lodged, you will be required to attend a court hearing to present your case. This is an opportunity to provide additional evidence, clarify points and respond to questions from the court.
Possible outcomes of an appeal
After hearing the appeal, the court may decide to uphold (confirm) the licence suspension, modify the penalty (for instance, by reducing the length of the suspension period) or overturn (cancel) the suspension entirely. The outcome will depend on the strength of the appeal grounds, the evidence presented and the circumstances of the individual case.
If the appeal is successful, you may regain your driving privileges. However, if your appeal is denied, you will not be allowed to drive until your suspension period ends.
The importance of legal representation
Given the complexities of traffic law and the appeal process, seeking legal representation is advisable. Traffic lawyers with expertise in NSW regulations can provide valuable assistance in navigating the intricacies of the appeals process. They can help you understand your rights, gather relevant evidence and present a strong case during the appeal.
Conclusion
This article contains general information only and you should obtain professional advice relevant to your circumstances. If you or someone you know wants more information or needs help or advice, please contact us on 02 9159 9024 or email [email protected].