Appeal Drivers License Suspension
In New South Wales, some decisions in respect of licensing and speeding can be appealed whilst other types of decisions cannot be appealed.
RMS and Police decisions can be appealed in the Local Court of New South Wales, they are:
- A decision by the RMS to suspend your licence for exceeding the speed limit by more than 30 or more than 45 kilometres an hour;
- A decision by the RMS to suspend a P1 or P2 provisional driver’s licence for loss of demerit points; and
- A decision by the police to suspend your licence (on the spot) for exceeding the speed limit by more than 45 kilometres an hour
However the following RMS and Police decisions cannot be appealed to the Local Court of New South Wales;
- A decision by the RMS to suspend an unrestricted drivers licence for loss of demerit points.
- A decision by the RMS to suspend your interlock drivers licence.
- When a driver breaches a on a good behaviour bond licence issued by the RMS.
What If a NSW Police Officer Suspends Your License?
In NSW, a police suspension is when police officer issues a driver with a suspension notice if they have been served with a penalty notice or charged with the offence of exceeding the speed limit by more than 45 kilometres per hour or exceeding the speed limit by 30 kilometres per hour if you are a provisional licence holder.
You can lodge an appeal against the police officer’s decision to issue the suspension notice in the Local Court of NSW. Once your appeal have been lodged and you attend Court, The Court has the power to do the following:
- Allow the appeal; or
- Dismiss your appeal; or
- Make an order the Court considers suitable.
In lodging such an appeal, it is important you are well prepared to present your case to the Magistrate. This may include, writing a letter of apology, obtaining references from work and family and completing the traffic offenders program.
What is the time limit to Lodge an Appeal?
Once you received the Notice of Suspension, as a matter of law, you are required to lodge your appeal to the Local court within 28 days. It is extremely important that you understand the law will assume you received the notice after 4 working days after it was posted to you.
In circumstances where you do not appeal a license suspension within 28 days, the Court in all circumstances will refuse to hear your appeal due to lack of jurisdiction.
RMS license suspension appeal determination?
An RMS licence appeal is also known as a driver license appeal. A driver license appeal is heard in the Local Court of New South Wales. It is important to be prepared before attend court hears your appeal. Usually the closest Local Court to the drivers address is listed as the Court which will determine the drivers license appeal.
During your appeal, the Court will consider a number of factors including and not limited to When you appeal the decision of the RMS to suspend your drivers licence, the court considers many things including whether or not you are a fit and proper person to hold a drivers licence, your traffic record and whether you have a need for a licence. The court can also consider the circumstances of the offences which have caused the suspension however they cannot redetermine your guilt or innocence.
Onus of Proof for License Appeals
In order to be successful in your licence appeal, the Court requires you to show exceptional circumstances justifying a lifting or variation of the suspension. This a broad and difficult test to satisfy. When determining whether exceptional circumstances exist the Court is to will take into account a number of factors including the following;
- Your need for a licence;
- Your traffic record;
- The potential danger to the community;
- The strength of the police evidence against you;
- Any other factors that the Court considers to be relevant.
If you have lost your drivers license, you should obtain legal advice from an expert traffic lawyer.
Why Choose Lyons Law Group?
If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;
Result-focused criminal lawyers
Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.
At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.
Proven Track Record
Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.
Fixed Fees
We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.
Free First Conference
For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.
Highly experienced criminal defence lawyer
Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.
Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.
Work closely with Australia’s leading criminal law barrister
We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.
Specialist for District and Supreme Court trials
Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.
Specialist for bail applications in NSW
Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.
In house Experts
Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.
For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.
Appearance at all Courts in NSW
From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.
If you wish to contact us or book your first free 15-minute phone conference, contact us on 0404479096 or send us an email at info@lyonslaw.com.au.
Going To Court?
Send An Online Enquiry
