Licence Suspension Appeals
At Jackson John Defence Lawyers, we understand that being charged with a failure to nominate offence can be an overwhelming and confusing experience. Thankfully, our team of experts are vastly experienced with offences of this nature. We will work with you to build a strong case, fighting for your rights so that you receive the best outcome possible.
What you need to know
When can I Appeal?
You can appeal your licence suspension if your licence was suspended in the following scenarios:
- You were detected speeding more than 30 km/hr over the speed limit;
- You were detected speeding more than 45 km/hr over the speed limit;
- You were detected driving with a low, special or novice range prescribed concentration of alcohol;
- On the spot by a police officer;
- You were detected driving with an illicit substance present in your oral fluid, blood, or urine; and/or
- You accrued too many demerit points.
When can I not Appeal?
However, you cannot appeal if your licence was suspended in the following circumstances:
- You have an unrestricted licence; and/or
- You were on a good behaviour period.
After you receive the Notice of Suspension, you only have 28 days to file the appeal. If you do not lodge your application in time, the Court will be unable to hear your appeal and you must serve the suspension. If your matter is urgent, our team at Jackson John Defence Lawyers will work swiftly to file your appeal in time and prepare for your case ahead.
What can Jackson John Defence Lawyers do?
Our experienced team at Jackson John Defence Lawyers will:
Prepare & File Appeal
We will first file an Application Notice for an Appeal at the Local Court registry, and a date will be given for when your appeal will be heard in Court.
Prepare for Court
We will obtain and submit evidence to support your licence suspension appeal. The Court may consider that your licence should not be suspended where:
- You are of good character;
- You need your licence for work or family reasons; and/or
- There is some other good reason that the Court should overturn the suspension.
We will arrange and obtain evidence to show the Court that you are of good character and why your licence should not be suspended.
This may include:
- Two or three written character references for you;
- A letter of remorse written by you;
- A letter under your business’ letterhead explaining the nature of your employment and why you need your licence;
- A medical certificate or doctor’s letter if you need your licence because you are someone’s carer;
- Any attendance of a Traffic Offenders Intervention Program (TOIP); and/or
- Any other appropriate evidence given your specific circumstances.
Presenting Your Case
The team at Jackson John Defence Lawyers are highly experienced advocates. We will make cogent and robust submissions as to why your licence suspension is not warranted. In doing so, we may address the following:
- Your driving history, how long you have been driving, and any other offences you have committed;
- Why you need your licence, including if there is a risk of losing your job if you lose your licence;
- What problems you will face without your licence;
- What hardship someone else will face if you do not have your licence;
- Whether there is public transport that you could use; and/or
- Why you are of good character.
What can the Magistrate Decide?
The Magistrate has a broad range of powers when they hear a licence suspension appeal, including:
Uphold your Appeal
Your licence will not be suspended, and the suspension will be lifted.
Reduce the Suspension Period
The time of your suspension may be reduced.
Dismiss the Appeal
In this circumstance, you will be directed to serve the suspension, but the Court will take into consideration any time already spent while suspended.
Traffic law in NSW is complex & stressful if dealt with alone.
Thankfully, our Jackson John Defence Lawyers team is here to guide you every step of the way. Our combination of expertise and experience makes us the perfect advocates for you.
If you or someone you know requires advice or legal representation for a licence suspension appeal, please get in touch with the team at Jackson John Defence Lawyers for your free 15-minute initial consultation.
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