Having your NSW Driver Licence suspended by Police can cause you severe hardship and impact your ability to meet employment, educational and familial commitments, among others. Criminal Lawyers Group have been nationally recognised as the expert traffic lawyers 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 by Police, contact our award-winning team of specialised traffic lawyers at Criminal Lawyers Group immediately for a free consultation, so that we may assess your options.

WHY CAN POLICE SUSPEND A DRIVER LICENCE?

Section 224 of the Road Transport Act 2013 (NSW) authorises Police to suspend your NSW Driver Licence if you:

Have a serious accident causing death or grievous bodily harm.
Speed more than 45km/h over the speed limit (full licence holders).
Speed more than 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).

The suspension is either 3 months, 6 months, or until the matter is heard and determined by a court.

HOW LONG AFTER OFFENCE CAN POLICE SUSPEND 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.

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

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.

The court may not hear the matter if the deadline is missed, so be sure to contact us immediately.

WHAT HAPPENS AFTER THE APPEAL IS FILED?

After your Appeal is filed, a Court date will be set for your Appeal to be heard in the Local Court. You will be advised of the date, time and location of the Appeal. You will be expected to attend the Appeal in person.

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

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. However, if your appeal is not upheld, the time you have already spent with a suspended licence will be taken into account.

EXCEPTIONAL CIRCUMSTANCES TEST

Section 268(5) of the Road Transport Act 2013 (NSW) requires that for a Police-issued Driver Licence Suspension to be varied or set aside by the Court, the exceptional circumstances test must be met.

The Court must be satisfied that there are exceptional circumstances justifying a lifting or variation of the suspension and cannot consider the circumstances of the offence with which the person making the application is charged, unless the statutory rules provide to the contrary.

The legislation does not define exceptional circumstances, although it has been interpreted by the courts as being circumstances that are extraordinary, unusual and distinguishable from general circumstances. It can be a singular circumstance or a combination of circumstances. However, an isolated circumstance of simply requiring a vehicle for employment does not reach the threshold.

The exceptional circumstances test also applies if you seek to have the suspension paused while you proceed to fight the charge.

WHAT ORDERS CAN THE COURT MAKE?

The Court may decide to:

Uphold your appeal and allow you to keep driving.
Dismiss the appeal but vary your suspension. This could include a reduction in the period of suspension.
Dismiss your appeal completely and require you to serve the full suspended time.

MR MERCAEL SUCCESSFULLY APPEALS DRIVER LICENCE SUSPENSION

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 licence suspended by NSW Police for speeding over 45kms above the speed limit.

Mr Mercael successfully argued that his client required his driver licence as a carer for a sick family member so that the family member could attend medical appointments, with the client requiring the licence to also attend to employment commitments to meet the financial requirements of the sick family member and his own mortgage.

This result is among the latest of a continuous record of successful 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 the Police suspend your NSW Driver Licence, contact our specialised team of traffic lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

Our award-winning traffic law specialists are nationally recognised for securing successful NSW Driver Licence suspension appeals for our clients across NSW who have had their Driver Licence suspended by Police.