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Posted by Dannielle Ford Criminal Law

APPEALING A LICENCE SUSPENSION

The Roads & Maritime Services (the RMS) and the NSW Police can suspend your licence for a number of reasons. Most licence suspensions can be appealed to the Local Court. This means you are asking the Court to review the decision. If your licence has been suspended, or you receive notice that it will be suspended, you can appeal to either reduce the suspension to a lesser period or to have the suspension quashed, meaning that you have your licence reinstated. This does not mean the Court has to agree with your request and they can choose to dismiss your appeal.

The following are some of the suspensions that can be appealed to the Local Court:

– Exceeding the speed limit by more than 30km/h
– Exceeding the speed limit by more than 45km/h
– Accumulation of demerit points for a provisional licence holder
– Medical reasons

There are time limits that apply to lodgement of your appeal and the Court does not have to hear your appeal if it is lodged out of time.

We recommend you take advice prior to commencing your appeal because after the matter is finalised in the Local Court, there is no further right of appeal. If you have received a Notice of Suspension from the RMS or the Police and require legal assistance, contact our office for further information.

Information provided is general only. You should contact our office to make an appointment for advice tailored to your personal situation.