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DRIVER LICENCE SUSPENSION APPEALS IN NSW: THE LAW

DRIVER LICENCE SUSPENSION APPEALS IN NSW

Having your Driver Licence suspended in NSW can result in serious hardship and impact your ability to meet employment, educational and familial commitments, among others. Criminal Lawyers Group have been nationally recognised as the top traffic law firm in NSW for securing successful appeals of suspended driver licences, ensuring our clients can return to driving on the road.

If you or anyone you know have had your NSW Driver Licence suspended, contact our award-winning team of expert traffic lawyers at Criminal Lawyers Group immediately for a free consultation, so that we may assess your options.

 

WHO CAN SUSPEND A NSW DRIVER LICENCE?

Transport for NSW are the driver licensing authority in NSW and they have the authority to suspend a NSW Driver Licence.

A Driver Licence can also be suspended by the NSW Police.

A Court does not have the authority to suspend a NSW Driver Licence, but can issue a disqualification.

 

HOW CAN I APPEAL A SUSPENDED NSW DRIVER LICENCE?

Applications to appeal a Driver Licence suspension issued by the NSW Police or Transport for NSW are made to the Local Court. Contact us immediately to make an application, as strict timeframes apply.

 

HOW LONG DO I HAVE TO APPEAL A SUSPENDED DRIVER LICENCE?

Police can decide to suspend your Driver Licence immediately or to suspend it any time within 48 hours of you being charged or receiving a penalty notice.

If your Driver Licence is suspended by Police, you have 28 days from the point of suspension to lodge an appeal of your licence suspension.

If you receive a Notice of Suspension from Transport for NSW, you have 28 days to lodge an appeal. The notice is assumed to be received within four working days after it is posted. The court may not hear the matter if the deadline is missed.

 

CAN I KEEP DRIVING WHILE MY DRIVER LICENCE SUSPENSION APPEAL IS BEING HEARD?

If you appeal a Transport for NSW issued Driver Licence suspension, the suspension will be paused and you can continue driving until your appeal is heard, provided your appeal is filed at least one day before your suspension is due to begin.

If you appeal a Police issued NSW Driver Licence suspension, your NSW Driver Licence remains suspended and you are not permitted to drive until your appeal is heard.

 

WHAT ARE THE REASONS FOR NSW DRIVER LICENCE SUSPENSION?

Transport for NSW can suspend your NSW Driver Licence as a result of:

  • Camera-detected offences
  • Exceeding your demerit points limit
  • Not completing a deferred eyesight test within 8 weeks from when you renewed your driver licence online.

If you are on a full NSW Driver Licence and get 13 demerit points or more, you cannot appeal the Driver Licence suspension. Contact us to explore the option of applying for a good behaviour period.

The police can suspend your licence if you:

  • Have a serious accident causing death or grievous bodily harm
  • Speed in excess of 45km/h over the speed limit (full licence holders)
  • Speed in excess of 30km/h over the speed limit (learner or provisional licence holders)
  • Drive with a prescribed concentration of alcohol (PCA) or under the influence of alcohol (DUI) or drugs
  • Take part in street racing and other hoon offences
  • Drive without supervision (learner licence holders).

 

WHAT CAN ASSIST MY APPEAL OF SUSPENDED DRIVER LICENCE?

Evidence that can support the appeal of the suspension of your NSW Driver Licence includes evidence which indicates that:

You are of good character

Evidence in support of your good character may include character references attesting to your good character, preferably from approximately 3 people.

You need your licence for work or family reasons

Evidence in support of the proposition that you require your licence for work or family reasons can include an employer letter, financial records, and medical or carer documents.

There is some other good reason that the Court should overturn the suspension.

We will assess your personal circumstances and determine what other good reasons exist that the Court should overturn the suspension.

 

MR MERCAEL SUCCESSFULLY APPEALS CLIENT’S SUSPENDED DRIVER LICENCE

Mr Steven Mercael, Principal and award-winning criminal and traffic lawyer at Criminal Lawyers Group, secured another successful NSW Driver Licence suspension appeal today for a man who had his Driver Licence suspended.

This result is among the latest of a continuous record of successful NSW Driver Licence suspension appeals achieved by Mr Mercael and Criminal Lawyers Group, who were recently awarded the titles of Best Traffic Lawyers in Sydney and NSW.

 

CONTACT CRIMINAL LAWYERS GROUP NOW

If you or anyone you know have had your Driver Licence suspended or received a Notice of Suspension, contact our expert traffic lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

Our award-winning team of traffic law experts are nationally recognised for securing successful NSW Driver Licence suspension appeals for our clients across NSW who have had their Driver Licence suspended or received a Notice of Suspension.

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