In NSW, all P-Plate licence holders can appeal their licence suspension before a Magistrate in the Local Court. The appeal must be filed within 28 days of the date of the Notice of Suspension from Transport NSW.
Appealing the Suspension
Once you have received your letter from Transport NSW, you will need to follow the prompts and file an application within 28 days to have the appeal dealt with in the Local Court.
The application can be made online via the link at the bottom of the letter or at your nearest Local Court. If you have any questions regarding the filing of the appeal, Transport NSW has a hotline you can call on 13 77 88.
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.
What does the Court take into consideration on the Appeal?
A Court will take all objective and subjective features of your offending into consideration on the Appeal. To assist the Court, it is important to present the following considerations to the Court:
- Your need for licence (this could be due to your work, health, family).
- Your traffic history.
- The circumstances of your driving and offending.
- You contrition and remorse.
How will my Lawyer assist?
Duncan & Co Lawyers will assist by providing you with full guidance on your licence appeal. We will help organise character references, your attendance at the traffic offenders program and advocate on your behalf in the Court room. Contact us today on 02 4910 4054 or 0401 548 443.
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