If your driver licence has been suspended by the SERVICE NSW, you may have the right to appeal the decision in court. Whether you’re seeking to get your licence back or reduce the suspension period, the process is known as a Driver Licence Appeal.
At Criminal Lawyers Group, our experienced traffic lawyers have a proven track record of successfully handling licence suspension appeals. We provide strategic, honest advice and work tirelessly to achieve the best possible result for every client.
If you’re considering an appeal or have already elected to take the matter to court, call us today on (02) 8815 8177 to arrange a consultation with one of our traffic law specialists.
What is a Driver Licence Appeal?
A Driver Licence Appeal is an application made to the Local Court to review and possibly overturn a decision made by:
- Service NSW,
These decisions typically relate to the suspension of your driver licence due to excessive speeding, demerit points, or serious traffic offences.
It’s important to note that you usually only get one opportunity to appeal, so having a qualified and experienced traffic lawyer is essential.
What Licence Suspension Decisions Can Be Appealed?
You can appeal the following decisions:
- RMS Suspension for exceeding the speed limit by more than 30 km/h or 45 km/h
- RMS Suspension of a Provisional Licence (Red or Green P Plates) due to demerit point loss
- On-the-spot Police Suspension, including:
- Mid or high-range drink driving
- Driving under the influence (DUI)
- Street racing or aggravated burnout
- Speeding by more than 45 km/h
- Driving offences causing death or grievous bodily harm (note: exceptional circumstances must be shown)
- Full licence holders pleading:
- Not guilty to the offence causing the suspension
- Guilty, but seeking a non-conviction order under a Section 10 dismissal or conditional release order
What Licence Suspension Decisions Cannot Be Appealed?
Some suspensions cannot be appealed in court, including:
- Suspension of a full licence due to demerit point accumulation
- Suspension of an interlock driver licence
- Suspension due to breach of a good behaviour licence (i.e. accruing more points while already on a good behaviour period)
What happens after the Appeal is filed?
After you file your licence appeal, you will receive correspondence outlining the date, time and location of where your licence appeal will be held. You will need to appear in person on the date provided at the specified Local Court.
What orders can the Magistrate make when deciding the Appeal?
Magistrates have three main options when deciding your licence appeal. These are:
1. Upholding your appeal – meaning you will keep your licence and will not be suspended from driving. However, this also means you will keep the accrued demerit points.
2. Dismiss the appeal, but vary your suspension – this will result in your suspension period of 12 weeks being reduced to a period of time specified by the Magistrate, i.e., suspending you from driving for a period of six (6) weeks, as opposed to the 12 week automatic period.
3. Dismiss the appeal completely – your appeal is dismissed, and you will serve the full 12 weeks off the road.
Materials That Can Support Your Appeal
The following documents can significantly strengthen your appeal:
- Character references, especially those explaining your need for a licence
- A letter of apology, accepting responsibility and showing insight
- Employment documents (e.g. contracts or letters from employers)
- Medical or family documents showing personal obligations
- Traffic offender program certificate, showing commitment to improvement
Your lawyer will help you prepare and present these materials effectively.
Get Expert Legal Help Today
Don’t risk your one chance at appeal. Let the experienced team at Criminal Lawyers Group guide you through the process and give you the best chance of keeping your licence.
📞 Call us now on (02) 8815 8177 or visit our website at www.criminallawyersgroup.com.au to book a confidential consultation.
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