Can you appeal a licence suspension?
A Roads Maritime and Services (RMS) or Police licence suspension can be appealed. Contrary to common belief, these decisions are not entirely final and can be overturned or varied on appeal. Much will depend on your individual circumstances, including (but not limited to) the facts surrounding the offence, your traffic record and the need for a licence. After accounting for all relevant factors, the Magistrate may elect to overturn the decision or reduce the suspension period significantly. Having an experienced traffic lawyer by your side may mean the difference between keeping or losing your licence. Fourtree Lawyers will present the most persuasive argument possible to ensure you have a strong case on appeal.
What decisions can be appealed?
The following decisions can be appealed in Court:
- RMS decisions that result in a licence disqualification;
- Demerit point disqualifications while on a provisional licence, and;
- On the spot Police suspensions.
What decisions cannot be appealed?
The following decisions cannot be appealed in Court:
- Demerit point disqualifications while on an unrestricted licence;
- Suspension of your interlock driver’s licence;
- Breaching a good behaviour bond licence;
When can I lodge an appeal?
Upon receiving the Notice of Suspension from the Police or the RMS, you will only have 28 days from the date of the letter to lodge an appeal. You will not be able to appeal after the 28 days has expired. Shortly after lodging an appeal, you will receive a Court date. You are required to attend Court on that date, where your legal representative will make submissions in support of your appeal.
What does the Court consider?
The Court will look at the following when determining your appeal (this list is not exhaustive):
- The circumstances surrounding the offence;
- Your need for a licence for work, family or health reasons;
- Your traffic record;
- Your criminal record;
- Any references in support of good character;
- Whether you have completed a driver education programme;
- Whether you have already completed a term of suspension for the offence.
We are here to help
Having a licence is something most people take for granted until they can no longer drive. Fourtree Lawyers understand that not having a licence impacts personal, family and work aspects of your life. If you need your licence for work or personal reasons, you can lodge an appeal to the Court to review the decision.
Fourtree Lawyers have extensive experience assisting clients on the Central Coast and Newcastle with matters related to Licence Appeals in Court. Our lawyers can explain and guide you through the entire Court process and work alongside you to get your desired result. Instructing a lawyer to act on your behalf will ensure you fully understand your position and your options. We will assist you in getting the best possible results for your particular case.
Contact our Central Coast Lawyers on 1300 529 444 as soon as possible. The earlier we can start building a strong case for you, the higher your chance of getting a good outcome.
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Kevin and Jane are without a doubt 100% there to support you through Your whole ordeal reassuring you all the way My experience from finding Fourtree Lawyers on Google in a fairly unsure position, reading the reviews to the successful outcomes was the only referral I had, believe me when I say you will be happy with their experience in all fields of law which is insurmountable and they will obtain the best favourable outcome in any circumstance. Fourtree Lawyers are there for you to bring things back into perspective...
“Kevin and Jane were my “knights in shining armour.” I can’t thank these two people enough. They gave their everything and most important believed me when I told them my story. I am forever grateful for their professional attitude and for giving 100% to free me from my nightmare. I was able to plead guilty but also most importantly was not forced to lie and compromise my integrity and own personal values and standards. I was very happy with the outcome and the way I was treated. They communicated constantly...
Had the most amazing experience with Fourtree Lawyers kevin vierboom who represented my partner was helpful and understanding and we got a great result better then expected ? jane hogan, I was so blessed to have her by my side. They are an amazing team and i would recommend them to everyone also great value for money. Especially considering i only called the morning of the court case and they were all over it at my bek and call thankyou so much guys im so appreciative for all your help today
I was lucky enough to have Kevin take my case and am truly grateful for the services he and his team provided. From the outset, I was made to feel comfortable and knew from the first time meeting with them that they would go above and beyond to get the best possible outcome and that is exactly what they did. Fourtree Lawyers provides exceptional service with outstanding results and I would recommend Kevin to anyone and everyone who is in need of these services.
Appeal Allowed | RMS Demerit Point Appeal | Gosford Local Court | 1/3/2019
Our client is a 21-year-old male who lives on the Central Coast and is employed as a signwriter. He is on his P1 provisional licence (red P’s) and heavily relies on his car to attend full-time work and transport his work tools. The Roads and Maritime Services suspended our client’s P1 licence because he exceeded the demerit point limit. Our client had already served a police suspension of 3 months and paid a fine of $900 for an offence of excessive speeding between 30-45km/h over the legal speed limit. Our client appealed the RMS demerit point appeal and contacted us for legal representation.
Solicitor Erin Nulty represented our client and submitted on his behalf at Gosford Local Court. Ms Nulty highlighted that public transport to our client’s work was limited and that our client had already served a 3-month police suspension. The Magistrate considered our client’s character references, his need for a licence and upheld the appeal on the condition that his demerit points would stay on his record.
Our client was extremely happy with the outcome as having a driver’s licence is essential to his work.
Appeal allowed – RMS Licence Appeal – Gosford Local Court
Our client, a 22-year-old male who serves in the Australian Army, was charged with exceeding the speed limit whilst driving a motor vehicle. At the time of the offence, our client was on his P2 Provisional Class C Driver licence. Our client is an active soldier for the Australian Army. Losing his licence would have had a detrimental impact on his career as a soldier. Before any court proceedings, the Road & Maritime Services had issued a licence suspension notice for a period of 3 months. Fourtree Lawyers lodged a licence appeal on behalf of our client in the Local Court. Fourtree Lawyers represented our client on appeal to the Gosford Local Court. Our solicitor made extensive submissions with regard to the objective seriousness of the offence and our client’s subjective circumstances. Following consideration of these submissions, the Magistrate allowed the appeal and cancelled the licence suspension period. Our client was relieved with the outcome of this case, as it meant that he could continue to drive for the purpose of his career as a soldier.
Licence Appeal Allowed - P1 Demerit Points Suspension - Wyong Local Court
Our client was a 17-year-old male who lives at home with his parents. He works as a tradesman, and his licence is crucial for his job. Our client had his P1 licence suspended on the spot by the Police for a speeding offence and drive contrary to a stop sign in 2017. After serving a 3-month disqualification, he was again suspended for exceeding the demerit point limit. Fourtree Lawyers lodged an appeal in the Local Court and Solicitor Denise McCarthy made submissions to the Magistrate about his need for a licence and argued that the second licence disqualification was, in fact, double punishment. The Magistrate agreed and allowed the appeal. Our client was extremely relieved that he was able to keep his licence and his job.
Appeal Allowed – Exceed Speed limit by more than 20 km/h but not more than 30km/h whilst driving a motor vehicle – Wyong Local Court.
Our client, a 23-year-old male who lives on the Central Coast, was charged with exceeding the speed limit by more than 20km/h but not more than 30km/h whilst driving a motor vehicle. As a result of this offence, our client lost 4 demerit points, and his P1 Provisional Licence was suspended. On a Licence Appeal to the Wyong Local Court, our Solicitor made extensive submissions in relation to the objective seriousness of the offence and our client’s subjective circumstances. The Magistrate provided our client with two options:
1) To have his licence suspended and to have the demerit points wiped from his record; or
2) To have the demerit points remain on his record and to allow him to maintain his licence.
Our client chose to maintain his licence and the accrued demerit points. Our client was extremely relieved with this outcome, as this meant that he could continue to work and support his family.
Licence appeal – upheld in part | Speeding offence (over by 23km/h) & failure to display P plates | Wyong Local Court
Our client is a 23-year-old female who lives at home with her family on the Central Coast. Our client is a disability support worker who travels to and from houses to attend to clients. Her clients rely on her to provide essential care and support, including taking them to doctors’ appointments, shopping and assisting with other daily activities. Our client was caught speeding by a radar gun. Her employer had warned that without a licence, our client would not have a job.
Solicitor Erin Nulty represented our client in Court, making submissions as to why she needs a licence. The Magistrate suspended our client from further driving for 3 weeks instead of 3 months, at which point she can attend the RMS to obtain a new licence. This was a great result as it meant our client could continue her employment in disability services and at the end of the 3 weeks suspension, her demerit points would be returned to zero.
Licence Appeal | Appeal Allowed | Gosford Local Court
Our client is a 36-year-old male from the Philippines. He is employed as a Registered Nurse at an aged care facility on the Central Coast.
Our client was on his way home after a night shift at work. This was over the Australia Day long weekend and was caught going 10km/h over the speed limit. At the time of the offence, our client was on his P2 licence. He was charged with a P2 driver exceeding speed > 10 km/h – Radar, which carries 8 demerit points during a double demits period. Due to double demerits, he was issued a notice that his licence was being suspended for 3 months.
Our solicitor, Luke Del Monte, made written submissions on behalf of the client that due to the current Covid-19 pandemic, he will need his own transport for our client to maintain his employment. This will reduce the likelihood of him contracting the virus and spreading it to vulnerable people in the aged care facility. The Court saw fit to allow the appeal and the suspension was lifted.
Our client was grateful that he could continue to drive and keep his job.
From the first phone conversation Fourtrees gave us the confidence and reassurance that that our matter would be handled with professionalism and an outcome we were hoping for. The submissions given outlined how we felt and defended our matter perfectly. We couldn’t be happier with the care and comfort we received. We would recommend Fourtrees to anyone needing legal advice & will use Fourtrees for all and any of our future legal matters.