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Licence Suspension and Disqualification

For many people, holding a driver’s licence is vital in order to go about their day-to-day work and family life. Hence a suspension or disqualification of that licence can have dire consequences. There are ways to appeal a decision of this nature by the RTA or police, however there are strict time limits within which to launch an appeal so it’s important to seek expert legal advice right away.

Which decisions can you appeal?

You may be able to go to the Local Court and appeal a decision for the following offences:
• A decision by the RTA for exceeding the speed limit by more than 30 kph (Provisional) or 45 kph (Unrestricted).
• A decision by the RTA to suspend a P1 or P2 licence for loss of demerit points.
• An on the spot immediate suspension by the police for exceeding the speed limit by 45 kph.

If your licence has been suspended or disqualified, it is illegal for you to drive. There are serious criminal penalties that can apply if you get caught driving whilst suspended or disqualified.

Lodging a Licence Suspension Appeal

If you wish to appeal your licence suspension to the Local Court, you then have 28 days to lodge the appeal in the Local Court. It is crucial that the appeal is lodged within 28 days as there is no provision for an extension of time.

Lifting a period of disqualification

If a court has convicted you and ordered a period of licence disqualification, you have an automatic right to appeal to the District Court within 28 days of the decision. After this, you have 3 months in which you can appeal, but only with the leave of the District Court. After this time, a decision of the Local Court cannot be appealed.

However, in exceptional circumstances, the Attorney-General’s department has the power to remit the unexpired term of a person’s licence disqualification. What this means is that after a matter has gone to court, and a penalty and disqualification imposed, the disqualification can be lifted. The Attorney-General requires specific criteria for these types of applications. Applicants must demonstrate the following, among other requirements:
• Evidence of rehabilitation;
• Evidence of abstinence from drug/alcohol use, where applicable;
• No (or limited) offending since the date of the penalty;
• Evidence of new-found responsibility;
• Evidence of extraordinary circumstances affecting the applicant, which have arisen after the penalty was impose
• Evidence of a pressing need for a licence (not including loss of income as a result of licence) and the absence of reasonable alternatives to holding a licence.
• Medical grounds (either in an individual or carer capacity) provide the strongest grounds for lifting a disqualification period.

All claims must be supported by appropriate documentary evidence. Character references are also an important part of a successful application.These types of application are rarely granted. It is important that your application be appropriately worded and supported by relevant documentary evidence. Sydney Criminal Defence Lawyers has the expertise to put your best case forward.

How can Sydney Criminal Defence Lawyers help?

Our Criminal Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.

Call us now on 02 8059 7121 or contact us after hours on 0420 998 650 or text 24hrs to book an appointment with one of our solicitors.

The initial consultation is free.

Licence Suspension and Disqualification

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For many people, holding a driver’s licence is vital in order to go about their day-to-day work and family life. Hence a suspension or disqualification of that licence can have dire consequences. There are ways to appeal a decision of this nature by the Roads & Maritime Service (RMS) or police, however there are strict time limits within which to launch an appeal so it’s important to seek expert legal advice right away.
Which decisions can you appeal?

You may be able to go to the Local Court and appeal a decision for the following offences:

• A decision by the RMS for exceeding the speed limit by more than 30 kph (Provisional) or 45 kph (Unrestricted).
• A decision by the RMS to suspend a P1 or P2 licence for loss of demerit points.
• An on the spot immediate suspension by the police for exceeding the speed limit by 45 kph.

If your licence has been suspended or disqualified, it is illegal for you to drive. There are serious criminal penalties that can apply if you get caught driving whilst suspended or disqualified.

Lodging a Licence Suspension Appeal

If you wish to appeal your licence suspension to the Local Court, you then have 28 days to lodge the appeal in the Local Court. It is crucial that the appeal is lodged within 28 days as there is no provision for an extension of time.

Lifting a period of disqualification

If a court has convicted you and ordered a period of licence disqualification, you have an automatic right to appeal to the District Court within 28 days of the decision. After this, you have 3 months in which you can appeal, but only with the leave of the District Court. After this time, a decision of the Local Court cannot be appealed.

However, in exceptional circumstances, the Attorney-General’s department has the power to remit the unexpired term of a person’s licence disqualification. What this means is that after a matter has gone to court, and a penalty and disqualification imposed, the disqualification can be lifted. The Attorney-General requires specific criteria for these types of applications. Applicants must demonstrate the following, among other requirements:
• Evidence of rehabilitation;
• Evidence of abstinence from drug/alcohol use, where applicable;
• No (or limited) offending since the date of the penalty;
• Evidence of new-found responsibility;
• Evidence of extraordinary circumstances affecting the applicant, which have arisen after the penalty was impose;
• Evidence of a pressing need for a licence (not including loss of income as a result of licence) and the absence of reasonable alternatives to holding a licence;
• Medical grounds (either in an individual or carer capacity) provide the strongest grounds for lifting a disqualification period.

All claims must be supported by appropriate documentary evidence. Character references are also an important part of a successful application.

These types of application are rarely granted. It is important that your application be appropriately worded and supported by relevant documentary evidence. Daoud Legal: Sydney Criminal Defence & Traffic Lawyers has the expertise to put your best case forward.

How can Daoud Legal:
Sydney Criminal Defence & Traffic Lawyers help?

Our traffic lawyers will carefully consider your licence disqualification and suspension case, advise you on all your legal options, and recommend the best way forward.

Call us now on 1300 885 646 or text 0420 998 650 24hrs to book a free consultation with one of our lawyers.

Suspension License Appeal | Criminal Defence & Traffic Lawyers in Sydney

Facing a suspended licence can be a stressful and overwhelming experience. Whether it's due to a speeding ticket, a drink driving offence, or accumulating too many demerit points, the consequences of a licence suspension can significantly disrupt your daily life and routine. That's where we come in.

At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our team of experienced suspended licence lawyers are dedicated to helping clients in New South Wales navigate the legal system and fight to protect their right to drive. With a deep understanding of traffic law and a proven track record of successful outcomes, we're here to guide you through the process and ensure your rights are upheld.

Suspension of Driver's License in NSW: Understanding the Process

In New South Wales, the Roads and Maritime Services (RMS) is responsible for managing driver's licences and suspensions. A licence suspension can be imposed for a variety of reasons, including:

Accumulating demerit

NSW's demerit point system is designed to penalise drivers for traffic offences. Accumulating a certain number of demerit points within a specified timeframe can result in a licence suspension.

Drink driving offenses

Driving under the influence of alcohol or drugs is a serious offence in NSW and can lead to an immediate licence suspension, along with other penalties.

Speeding and other traffic violations

Exceeding the speed limit or committing other traffic offences can also result in a licence suspension, depending on the severity of the offence.

Court-ordered suspensions

In some cases, a magistrate or judge may order the suspension of a driver's licence as part of a criminal or traffic-related conviction.

Understanding the specific circumstances of your license suspension is crucial, as it will determine the best legal strategy to pursue. Our team of suspended license lawyers will thoroughly review the details of your case and provide you with personalised advice to achieve the most favourable outcome.

Challenging a License Suspension

If you've had your driver's licence suspended, you have several options to challenge the decision and potentially have your licence reinstated. Our lawyers will work closely with you to explore the most appropriate legal avenues based on the details of your case.

Lodging an appeal

Depending on the reason for your licence suspension, you may be able to lodge an appeal with the appropriate authority, such as the RMS or the local court. Our team will guide you through the appeals process and help you present a strong case.

Applying for a work or family license

In some cases, you may be eligible to apply for a restricted licence that allows you to drive for essential purposes, such as getting to work or attending to family responsibilities. We can assist you with the application process and increase your chances of a successful outcome.

Seeking a license disqualification review

If your licence was suspended as part of a criminal conviction, you may be able to apply for a review of the disqualification period. Our lawyers will work with you to build a compelling case and advocate for a reduced suspension period.

Negotiating with prosecutors

In some instances, we may be able to negotiate with the prosecution to have the charges reduced or the suspension period minimised, particularly if there are mitigating circumstances or a first-time offence.

No matter the specifics of your case, our team of suspended licence lawyers will work tirelessly to explore every possible legal avenue and achieve the best possible outcome for you.

Consequences of a Suspended License and Your Legal Obligations

A suspended driver's licence can have significant consequences, both legal and practical. It's important to understand your rights and obligations during this time:

Legal Consequences

  • Driving with a suspended licence is a criminal offence and can result in further fines, licence disqualification, or even imprisonment.
  • If you're caught driving while your licence is suspended, the police may seize your vehicle, and you may face additional charges.
  • A licence suspension can also affect your ability to obtain insurance coverage or renew your licence in the future.

Practical Consequences

  • Losing the ability to drive can severely impact your daily life, making it difficult to get to work, attend appointments, or run essential errands.
  • Relying on public transportation or ride-sharing services can be inconvenient, time-consuming, and expensive.
  • A suspended licence can also have a negative impact on your personal and professional relationships, as well as your overall quality of life.

It's crucial to understand that during a licence suspension, you are legally obligated to refrain from driving. Attempting to do so can lead to further legal troubles and jeopardise your chances of having your licence reinstated. Our lawyers will guide you through the process and ensure you remain compliant with all legal requirements.

Reinstating Your Driver's License

Once the suspension period has ended, you'll need to take the necessary steps to have your driver's licence reinstated. This process can vary depending on the circumstances of your case, but our team will be there to support you every step of the way.

Some of the key steps involved in licence reinstatement may include:

  • Paying any outstanding fines or fees
  • Completing any required driver education or rehabilitation programs
  • Providing proof of insurance coverage
  • Submitting a licence renewal application

Depending on the reason for your suspension, there may be additional requirements or conditions that you'll need to meet before your licence can be reinstated. Our traffic & criminal law lawyers will thoroughly review the details of your case and ensure you're fully informed of the process and your obligations.

We understand how frustrating and disruptive a licence suspension can be, which is why we're committed to guiding you through the reinstatement process as efficiently and effectively as possible. Our goal is to help you regain your right to drive and get your life back on track. If your license has been suspended, call us at 1300 885 646 or text 0420 998 650 24hrs and we'll help you lodge your appeal application within the 28 days of being issued the suspension notice.

Why Choose Daoud Legal as Your Traffic Lawyer

At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we have a deep understanding of traffic law and a proven track record of successful outcomes in suspended licence and dangerous driving cases. Our team of experienced lawyers is dedicated to providing personalised, compassionate, and effective legal representation to clients throughout New South Wales. Here's what sets us apart:

Expertise in Traffic Law

Our lawyers have extensive knowledge and experience navigating the complex world of traffic law. We stay up-to-date with the latest changes in legislation and case law, ensuring we can provide you with the most accurate and reliable legal advice.

Personalised Approach

We understand that every suspended licence case is unique, which is why we take the time to thoroughly understand the details of your situation. Our lawyers will work closely with you to develop a customised legal strategy tailored to your specific needs and goals.

Successful Track Record

Over the years, we've helped countless clients in NSW successfully challenge their licence suspensions and achieve favourable outcomes. Our proven track record speaks for itself, and we're committed to using our expertise to secure the best possible result for you.

Compassionate Support

We know that dealing with a licence suspension appeal can be a stressful and overwhelming experience. That's why we approach each case with empathy and understanding, providing you with the support and guidance you need to navigate this challenging process.

Transparent and Responsive Communication

We believe in keeping our clients informed and involved every step of the way. Our lawyers will provide you with regular updates, clear explanations of your legal options, and prompt responses to your questions and concerns.

If you're facing a suspended licence in NSW, don't navigate the legal system alone. Contact Daoud Legal today and let us help you protect your right to drive and get your life back on track.

FAQS about Licence Suspension & Disqualification

My driver’s licence has been suspended by the RMS due to a drink driving offence, what can I do to get my licence back?

If your driver's licence was suspended due to a drink driving offence, one of our experienced Sydney traffic lawyers can assist. We have successfully helped many licence holders in NSW reduce or appeal their licence suspension.

I got a notice of suspension from the RMS for an infringement, how do I lodge a driver licence appeal in Sydney?

If you have received a notice of suspension from the RMS, our experienced lawyers in Sydney can help you lodge a licence suspension appeal in NSW. We understand how important it is for many to keep their licence, so one of our lawyers can review your notice and assess your options.

I am on a provisional licence and was caught drink driving traffic offence, will I lose my licence?

Unfortunately, if you were charged with drink driving while holding a provisional licence, the RMS will likely suspend your licence. However, one of our specialist traffic lawyers based in Sydney may be able to negotiate to reduce your suspension period or argue to keep a good behaviour licence, so it is important to seek legal advice.

Can I plead guilty to the offence but appeal my licence suspension?

Yes, it is possible to plead guilty to the underlying traffic offence, such as drink driving or speeding, but still appeal the suspension of your driver's licence. One of our experienced traffic lawyers in Sydney can advise you on the merits of such an appeal and take the case to court to try and reduce or cancel the suspension period.

How long will my licence be suspended for a mid-range drink driving offence?

The period of licence suspension for a mid-range drink driving offence in NSW usually ranges from 3 to 6 months for a first offence. However, a skilled lawyer from our team can work to have the suspension reduced or cancelled by carefully assessing the case and identifying any defences. We would be happy to discuss your options.

I was caught driving whilst suspended and now face further charges, what can I do?

Driving whilst suspended is a very serious offence that carries harsh penalties including further licence disqualification. It is important you seek legal advice from an experienced traffic lawyer. One of our specialist traffic lawyers Sydney can review your full situation, identify any defences and work to achieve the best possible outcome for your case.

How long does a licence suspension last in NSW?

Licence suspension periods in NSW vary depending on the offence but can range anywhere from 3 months to an indefinite period. One of our expert traffic lawyers based in Sydney CBD can carefully review your individual circumstances and the suspension length imposed. They may be able to lodge an appeal to try and get the suspension reduced or cancelled.

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