The Roads and Maritime Services (RMS) can suspend your driver’s licence if you reach the demerit point limit for your licence class. It is possible to appeal the suspension and potentially remain on the road. This process is made more effective with legal representation, as your lawyer will collect material and persuade the Magistrate why your appeal should succeed.
How many demerit points do I get?
It depends on your class of licence.
Learner and P1 Drivers: “Red P Platers”
4 demerit points are the upper limit. If you reach or go over this amount within a 3-year period, your licence will be suspended or refused renewal for 3 months.
P2 Drivers: “Green P Platers”
7 demerit points are the upper limit. If you reach or go over this amount within a 3-year period, your licence will be suspended or refused renewal for 3 months.
Unrestricted Licence Holders
13 demerit points are the upper limit, with the length of the suspension period depending on how many demerit points you accumulate (see below).
13-15 points: 3-month suspension
16-19 points: 4-month suspension
20+ points: 5-month suspension
Is there a time deadline for the Appeal?
Yes, from receiving the penalty notice you will have 28 days to lodge the appeal.
I got another suspension notice after already serving a suspension. What can I do?
This situation is all too common. Often, provisional licence holders will have committed a speeding offence and are immediately suspended. Once the suspension period ends, the driver then receives a letter from the RMS saying they have exceeded their demerit points and they are to be suspended for a further 3 months. This is often very disheartening for the person as they believed they had already served their time.
The good news is that it is possible to have this second suspension period appealed and waived, or a least modified. Depending on your individual circumstances (e.g. driving record, need for a licence), the Magistrate may declare that your first suspension is enough and waive the second suspension period completely. Alternatively, the Magistrate may limit the period of your second suspension or even prolong its commencement.
What options are available to the Magistrate?
The Magistrate can “make any such order in the circumstances as the Court sees fit”. This means that the Magistrate’s discretion is broad, and any outcome will depend on the submissions made in Court. The Magistrate may uphold your appeal in full and allow you to resume driving immediately. Alternatively, your appeal may be allowed in part or with certain modifications. For example, your suspension may be reduced by half the length of time.
Ultimately, the outcome arrived at will depend on the unique circumstances of your case.
We are here to help
We endeavour to put forward your best appeal. You will have unique circumstances which we will account for and pursue throughout your legal representation.
We have extensive experience lodging demerit point appeals for clients. We regularly represent clients in Hornsby, Gosford, Wyong, Toronto, Belmont and Newcastle Courts and attend Courts in the Sydney and Hunter regions as well.
Your lawyer will guide you through the process and seek to get you the best possible outcome.
Contact Fourtree Traffic Lawyers on 1300 529 444 to begin the appeal process now.
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“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.
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.
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 | RMS Licence Appeal | Gosford Local Court
Our client, a 22-year-old male who serves in the Australian Army, was charged with the offence of exceed 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. Prior to 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 and 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.
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 exceed 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 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 for two weeks 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.
Section 10(1)(a) | RMS Demerit Points Appeal | Hornsby Local Court
Our client is a young working mother from Castle Hill. She was charged with driving an unregistered vehicle and had lodged an appeal in the Local Court.
Our client was unable to attend court and called us the night before her court appearance. Solicitor Denise McCarthy put forward urgent submissions to the Magistrate explaining our client’s circumstances. The Magistrate upheld the appeal and dispensed with the matter by way of section 10(1)(a)
The offence was dismissed, and our client was thankful to have had the matter dealt with so effectively and at very short notice.