The New South Wales Police Force can issue immediate licence suspensions for certain offences. If you intend to appeal the suspension it is important to seek expert legal assistance. This is critical as you only have one shot at retaining your licence; there are no appeals, there are strict time frames to be eligible to lodge an appeal and the test is higher than a suspension issued by Transport NSW (Roads and Maritime Service).
Catron Simmons Lawyers can help you appeal these suspensions and give you guidance on the likelihood of success. Make sure you give yourself the best chance to retain your licence with us.
Circumstances Police can issue an immediate licence suspension?
- Exceeding the speed limit by 30km/h or 45km/h
- Drink Driving or Prescribed Concentration of Alcohol (PCA)
- Driving under the influence
- Serious Driving Offences
- Street racing
- Aggravated burnouts
- Leaner Drivers who are driving unaccompanied
Time Limits for Appeal
Appeals for immediate licence suspensions must be filed within 28 days. That time begins once you have been served with the notice to suspend.
Will this affect my Demerit Points?
There are no demerit points associated with a Police Suspension. There may be demerit points attached to the offence that you have been charged or infringed with i.e. speeding. If you have accumulated more than your allocated demerit points, then you will likely further demerit point suspension issued by Transport NSW.
If you are a full licence holder, you are not able to appeal a demerit point suspension and you must sit out the suspension or apply to go onto a good behaviour licence with Transport NSW.
How is the appeal determined?
Once you have filed your application with the court, you will receive a date in which the application will be heard. It is on that date that you put your material and/or circumstances to the court. The court will then make an immediate determination of your grounds for appeal.
In order to do so the court must be satisfied that there are exceptional circumstances for doing so. That is something that is extraordinary, unusual and distinguishable from the ordinary case(s). This can be one factor or a combination of factors.
Exceptional circumstances do not include the potential for loss of employment, lack of transport and childcare responsibilities to be exceptional as they are common to most drivers. The court does not take into account the circumstances of the offence that is a separate issue.
Possible Results
- Appeal Dismissed, the suspension period remains unchanged.
- Appeal Dismissed, the suspension period is altered i.e. your suspension may be reduced in time.
- Appeal is upheld, the suspension period is lifted.
Catron Simmons Lawyers are well versed and experts in traffic law, let us take the stress out of the experience. We will work with you to ensure that you prepare the best application possible to ensure the greatest chance of getting back to the road. There is no right of appeal, so great care needs to be taken with these matters.
Transport NSW Suspension Licence Appeals