Joshua Blom Lawyers

Licence Appeals

APPEALING A LICENCE SUSPENSION

If you’ve received a notice of suspension it’s important to seek advice immediately. Call us now, or request a call back, to receive a free case assessment over the phone in 10 minutes. An experienced lawyer can understand your prospects and provide you with a reasonable estimate of whether your appeal would have merit.

There are different types of licence suspensions and strict time frames apply when lodging your appeal with the Local Court.



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Get An Expert & Keep Your Licence

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.

Navigating the court process is often an unfamiliar and daunting task.

At Joshua Blom Lawyers, we know the impact losing your licence can have on you. We are expert licence appeal lawyers which means we know how to best prepare your case and get you the best possible outcome at court. 


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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 Transport for NSW (TfNSW), 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.
TfNSW Demerit Point Suspensions

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

Once the TfNSW 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, TfNSW Excessive Speed Suspensions, the following applies:

  • The suspension does not take effect until the date stipulated on the notice of suspension;
  • 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.

TfNSW Excessive Speed Suspensions

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.

TfNSW 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 suspension;
  • 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.

What Happens At Court?

When hearing these types of applications, most often people with lawyers will be dealt with first by the Court.

The Magistrate will call the matter at which time the lawyer from Transport for NSW will tender the bundle of material containing the details of the offences contributing to the suspension being appealed. It is at that time the appellant or the lawyer will also tender subjective material to be considered by the Court during the appeal.

Once the Magistrate has read all the material tendered during the appeal, parties will be invited to make oral submissions as to why the suspension should be set aside or varied. 

Once the Magistrate has heard from both parties they will make their decision. The suspension will either be set aside, varied, or the original decision by Transport for NSW affirmed.

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.

Can I Appeal My Licence Suspension?

What suspensions can I appeal

How Do I Appeal My Licence Suspension?

Contact Us

Call or email one of our licence appeal lawyers and we will send you further information about how to engage our services. We provide all of our clients with a detailed preparation guide and will guide you every step of the appeal process.

File Your Appeal

Once retained, we will draft and file your licence appeal with the court. We will ensure that your appeal is listed at a court closest to your home or work, and on a date after you have completed the traffic offenders program.

Prepare Your Appeal

We assit you with ALL preparation leading up to your appeal date including a face-to-face conference if neccessary. We’ll review all of your references and any other material you want to rely upon in support of your appeal. We will provide suggestions to improve on your material if neccessary.

Attending Court

Our expert licence appeal lawyers will attend court with you and appear on your behalf in your appeal. We advocate on your behalf before a Magistrate to achieve the best possible outcome.


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AFFORDABLE FIXED FEES

Licence Appeal

FIXED FEE
$ 1,430
00 (incl GST)
(plus $98 court filing fee)

  • Expert in-Court Representation
  • No hidden fees or charges
  • Customised & Personal Service

ENQUIRE NOW

Licence Appeal

FIXED FEE
$ 1,100
00* (incl GST)
(plus $98 court filing fee)

  • Expert in-Court Representation
  • No hidden fees or charges
  • Customised & Personal Service

ENQUIRE NOW
*Student card must be produced
STUDENT

TWO CONVENIENT OFFICE LOCATIONS

Sydney

The Southern Highlands

Let Us Help You Keep Your Licence. Call our Expert Licence Appeal Lawyers 24/7 on (02) 4800 9011

© 2021 Joshua Blom Lawyers All rights reserved


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