Licence Appeals

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If you have had your licence suspended by the RMS and you disagree with the outcome, you may choose to take the case to court in what is called a Licence Appeal and try to convince the courts to either allow you to retain your licence or, in some cases, have the period of your licence suspension reduced.

It is important that you make sure that you are represented by an experienced traffic lawyer who deals with these types of cases on a regular basis.

Rezae & Co Lawyers are seasoned advocates who have a significant amount of experience in dealing with Licence Appeals and helping their clients retain their driver’s licence.

If you wish to appeal your driver’s licence suspension, call Rezae & Co Lawyers today on 02 8893 1217 to discuss your best options and how to best prepare for your court date.

When can I go for a Licence Appeal?

Licence suspensions that can be appealed and taken to court if you have been suspended due to the following reasons:

  • You are on a provisional licence (red P’s or green P’s) and you have exceeded your demerit point limit;
  • You have exceeded the speed limit by more than 30km/h or 45km/h; or
  • The police have made the decision to immediately suspend your licence on the spot, such as mid-range or high-range drink driving, driving under the influence or dangerous driving offences.

For on-the-spot licence suspensions, ‘exceptional circumstances’ must be shown to the court for why you should be allowed to retain your licence.

Can I appeal my Licence Suspension if I have exceeded my demerit point limit and I am on an unrestricted (full) licence?

Not all licence suspensions can be appealed.

For example, if you are on an ‘unrestricted licence’ (full licence), you have exceeded your demerit points AND you have already paid the fine which causes you to exceed your demerit point limit, you may not appeal the licence suspension in court. However, you may attend a Roads and Maritime Services (RMS) office and apply for a ‘good behaviour licence’. This means that you only have 1 demerit point for a period of 12 months and, if you exceed this demerit point limit again, you will instead have your licence suspended for 6 months rather than the usual 3 months.

Furthermore, if you exceed your demerit point limit while on a good behaviour licence, you may NOT appeal your licence suspension in court.

However, if you have not yet paid for the fine which will cause you to exceed your demerit point limit, you may still be able to elect to have the offence itself taken to court and try to receive a good behaviour bond without conviction. It is important to have an experienced traffic lawyer who has a track record in winning these types of cases.

If you would like to discuss your options, call Rezae & Co Lawyers today on 02 8893 1217.

My licence has just been suspended for exceeding the speed limit by more than 30km/h or 45km/h. What should I do if I want to keep my licence?

If the police have decided that you have exceeded the speed limit by more than 30km/h or 45km/h, they will issue you a fine and may have your driver’s licence suspended immediately and confiscate it from you. The police may have come to this conclusion either by using a speed testing radar or by estimating your speed.

If this happens, the options you have are:

  • Pay the fine and receive a 3-month suspension without taking the matter to court;
  • Pay the fine and appeal the 3-month suspension period itself in court (you must show exceptional circumstances as to why you should retain your licence);
  • Do not pay the fine, elect to take your fine to court, plead guilty to the offence and seek leniency from the court in dealing with your offence; or
  • Do not pay the fine, elect to take your fine to court, plead not guilty to the offence and seek to have your matter dismissed without penalty, fine or suspension.

If you decide to take the fine itself to court before paying for the fine as you either wish to plead guilty and seek leniency for the offence or you wish to plead not guilty to the offence, it is important to note that you may still not be able to drive if your licence was confiscated by the police at the time of the offence.

If you do not believe that you were exceeding the speed limit by more than 30km/h, you may elect to take the fine to court and plead not guilty for the offence. Alternatively, you may elect to take the fine to court and plead guilty for the offence while seeking leniency for the offence and seeking a good behaviour bond without proceeding to a conviction. However, if you do elect to take your fine to court before you pay the fine and have the matter decided in court, you have the risk of receiving a ‘conviction’, meaning that the offence may go on your criminal record. It is important to speak to an experienced traffic lawyer to discuss what your best option is before electing to take a fine to court.

Rezae & Co Lawyers are experienced criminal and traffic lawyers who always seek their clients’ best interests. If you wish to discuss your options and what would be your best course of action, call us today on 02 8893 1217.

I have just received a fine that will make me exceed my demerit point limit while on a provisional (P) licence. If I want to keep my licence, what should I do?

If you have received a fine and you are certain that you will exceed your demerit point limit once you pay the fine, the options you have are:

  • Pay the fine, exceed your demerit point limit and receive a 3-month suspension without taking the matter to court;
  • Pay the fine, exceed your demerit point limit and appeal the 3-month suspension period itself in court;
  • Do not pay the fine, elect to take your fine to court, plead guilty to the offence and seek leniency from the court in dealing with your offence; or
  • Do not pay the fine, elect to take your fine to court, plead not guilty to the offence and seek to have your matter dismissed without penalty, fine or suspension.

It is important to note that, if you elect to take your fine to court before you pay the fine and have the matter decided in court, you have the risk of receiving a ‘conviction’, meaning that the offence may go on your criminal record. It is important to speak to an experienced traffic lawyer to discuss what your best option is before electing to take a fine to court.

On the other hand, if you decide to pay the fine and only elect to appeal your licence suspension in court, the offence will only go on your ‘traffic record’ and you do not have the risk of receiving a conviction that will go on your criminal record.

Rezae & Co Lawyers are experienced criminal and traffic lawyers who seek their clients’ best interests. If you wish to discuss your options and what would be your best course of action, call us today on 02 8893 1217.

I have decided to appeal my Licence Suspension. What factors will the court take into account?

If you have paid the fine for your offence and have decided to only appeal your licence suspension itself in court, there are a wide range of circumstances that the court may take into account when deciding whether or not to remove your licence suspension period or reduce it. Some of the factors the court take into account include:

  • The circumstances of the offence at the time you were driving;
  • Your traffic record and history;
  • Your need for a licence (such as work or important family commitments);
  • Your good character;
  • Your remorse for the offence;
  • Your unlikelihood of reoffending and whether you have taken any steps to ensure this; and
  • In cases where your licence was suspended on-the-spot, how long you have already served off the road and not driving.

In order to persuade the courts to either reduce your licence suspension period or to have your licence suspension removed altogether, Rezae & Co Lawyers will assist you in preparing your case as effectively and efficiently as possible.

We also recommend and assist you with preparing materials that will assist the courts in making their decision, such as:

  • An apology letter;
  • Character references;
  • Any documents to show the court the impact that a loss of licence will have on you, such as an employment contract or letter which states that you will be unable to work without a driver’s licence; and
  • Evidence of your attendance at a traffic offender program.

Rezae & Co Lawyers have a vast amount of experience in traffic cases and can assist you in preparing for a licence appeal as much as possible to ensure the highest chance of you retaining your driver’s licence. Call us today on 02 8893 1217 to discuss your case.

What are the possible outcomes if I take the matter to court?

Depending on which course of action you have decided to take, there are a number of outcomes that may occur.

If you have paid your fine and have decided to appeal your licence suspension only in court:

  • Your licence suspension period will be removed completely and you may immediately start driving again once you have your driver’s licence back in your possession;
  • Your licence suspension period will be reduced to a lower amount of time that the court decides; or
  • Your licence appeal will be refused and dismissed.

None of the above options result in you receiving a criminal record or any harsher penalties.

If you have elected to take the fine itself to court prior to paying for the fine:

  • Your fine may be dismissed without proceeding to a conviction, without incurring any demerit points and without receiving a licence suspension;
  • You may receive a conviction which will go on your criminal record, receive a higher monetary fine and still incur the demerit points which would result in the loss of your licence.

Before deciding whether or not to elect to take your fine to court, it is important to speak to an experienced traffic lawyer to discuss what your best option is before electing to take a fine to court to avoid a harsher outcome.

Rezae & Co Lawyers are experienced criminal and traffic lawyers who will provide you with the best possible advice to ensure you receive a favourable outcome while mitigating your risk as much as possible. If you wish to discuss your options and what would be your best course of action, call us today on 02 8893 1217.

Licence Appeal Lawyers in Sydney and Parramatta

To increase your chances of receiving the best possible outcome, it is important to speak with an experienced traffic lawyer who has knowledge of how the court proceedings work as well as the factors that a court may take into consideration when determining your case. An experienced traffic lawyer in NSW can provide you with advice on what steps you should take to ensure your chances of receiving a favourable outcome are increased.

Rezae & Co Lawyers are specialists in traffic cases and have received countless results where our clients have either had their licence suspension removed, reduced, or received a Section 10 dismissal without receiving a conviction for their traffic offence which results in no criminal record or a loss of licence.

Rezae & Co Lawyers can provide you with a free consultation and can be contacted on 02 8893 1217.

Page Author: Saba Rezae - Traffic Lawyer Sydney

Saba Rezae is our Principal Lawyer and founder of Rezae & Co Lawyers who has practised exclusively in criminal and traffic law for several years. His exceptional results and ability to provide legal service at the highest standard saw him head-hunted by the largest specialist criminal law firms in NSW and was quickly promoted to Senior Lawyer before establishing his own practice.

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