Joshua Blom Lawyers

LICENCE APPEALS

APPEALING A lICENCE SUSPENSION

For most people, having a drivers licence is a necessary part of life. Whether a licence is an essential part of your job, or you depend on your licence to run a business or to support your family, losing it can have a huge impact on your career, finances and your loved ones.

If you’ve received a notice of suspension it’s important to seek advice immediately. There are different types of licence suspensions and strict time frames apply. 

How Can We Help?

Joshua Blom Lawyers are experts in helping people appeal their licence suspension. 

We are with you throughout the entire process, from the initial free consultation, to filing and preparing your appeal, and most importantly to advocating on your behalf at court.

Why has my licence been suspended?

There are a number of reasons why your licence may have been suspended. These include exceeding your demerit point threshold, doing an excessive speed or even on medical grounds.

In all cases involving a licence suspension the relevant authority, police or RMS, will provide you with a suspension notice. In some cases you may also receive a notice of refusal. This is the same as a notice of suspension but it often starts immediately.

RMS Excessive Speed Suspension

In some cases where it is alleged you have exceeded the speed limit by more than 30km/h, the police will not issue you with an immediate police suspension.

The RMS however, has the discretion to still suspend your drivers licence. If this happens, once you have paid the fine, you will receive a notice of suspension in the mail. You will then have 28 days in which to lodge an appeal of your suspension.

Remember:

  • The suspension does not take effect until the date stipulated on the notice of suspensoipion;
  • If you appeal the decision you can continue to drive until the appeal has been determined at court; and
  • The “Exceptional Circumstances” test does not apply.

Immediate Police Suspensions

If you have recently received a penalty notice from the police for an excessive speed offence where the speed alleged was in excess of 30km/h or 45km/h, in most cases you will receive an immediate suspension notice from the police at the time of the offence.

This means, as the name suggests, that you are immediately suspended from driving a motor vehicle. These types of suspensions differ from other suspensions for a number of reasons, including:

  • The suspension is effective immediately;
  • If you appeal the decision you cannot continue to drive until the appeal has been dealt with at court; and
  • Exceptional circumstances must be shown in order for the appeal to be successful.

Often, people who are charged with a drink driving offence or given a penalty notice for drink driving will receive an immediate suspension from police.

RMS Demerit Point Suspensions

In circumstances where you have exceeded the demerit points threshold, the RMS will suspend your drivers licence. The period of suspensions will depend by how much you have exceeded the demerit points threshold. 

Once the RMS determines that you have exceeded the demerit points threshold, they will send you a notice of suspension via post. Again, you will have 28 days in which to lodge an appeal of the suspension.

Like, RMS Excessive Speed Suspensions, the following applies:

  • The suspension does not take effect until the date stipulated on the notice of suspensoipion;
  • If you appeal the decision you can continue to drive until the appeal has been determined at court; and
  • The “Exceptional Circumstances” test does not apply.

Can i appeal my licence suspension?

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