In this article
we will be talking about the appeal process against the decision of Transport
for NSW to suspend a driver s licence.
Is there a
Time Limit to Lodge the Appeal?
The Appeal
against a Transport NSW Licence Suspension should be lodged within 28 days of
receiving the notice. If the application is not lodged within 28 days, then the
court will not be able to hear the appeal and the suspension period will be
served. Once an appeal of this type has been lodged, the suspension period is
stayed (placed on hold) until the appeal is decided before the Local Court
Magistrate.
Which
Suspensions imposed by Transport for NSW CAN be Appealed to
the Local Court?
Any of the
following Transport for NSW Licence suspensions can be
appealed to the Local Court:
1. Appealing
a decision of Transport NSW to suspend a driver licence for exceeding the speed limit by more
than 30km/h
2. Appealing
a decision of Transport NSW to suspend a driver s licence for exceeding the speed limit by more
than 45km/h
3. Appealing
a decision of Transport NSW to Suspend or Cancel a Learner Driver
or Provisional Driver s Licence for exceeding
the demerit points limit
4. Appealing
a decision of Transport NSW to suspend a driver for a Drink
Driving related offence for example, Novice,
Special, Low range category first offences.
5. Appealing
a decision of Transport NSW to suspend a driver s license in
relation to a (first offence) Drug Driving Offence.
Which
Suspensions imposed by Transport NSW which CANNOT be Appealed
to the Local Court?
Any of the
following Transport for NSW Licence suspensions CANNOT be
appealed to the Local Court:
You
CANNOT appeal the decision of Transport NSW to suspend an UNRESTRICTED driver s licence for exceeding the demerit points threshold, but
it should be noted that a person can elect to go on a good behaviour licence. (It
should also be noted however that a person can (alternatively) have the
infringement notice dealt with in court by either pleading guilty and seeking
court leniency & asking that a conviction not be recorded OR alternatively
by contesting the infringement notice and pleading not guilty however it is
highly advised that a person seek legal advice prior to doing so.
You
CANNOT appeal a decision of Transport NSW to impose a suspension for breaching
a good behaviour licence. (It
should also be noted however that a person can (alternatively) have the
infringement notice dealt with in court by either pleading guilty and seeking
court leniency & asking that a conviction not be recorded OR alternatively
by contesting the infringement notice and pleading not guilty however it is
highly advised that a person seek legal advice prior to doing so).
How Does the Court Determine an Appeal against the decision of
Transport NSW to suspend a driver s licence?
Generally
speaking, the court
takes in a variety of factors as the appeal decision is based on the following
factors:
1. Community
safety & the potential risk which can be posed to the community. (This is
the most important consideration)
2. Traffic
Record of the Applicant & General Character of the Applicant
3. Circumstances
in which the offence(s) were committed by the Applicant
4. The
Applicant s need for a licence
5. Any
other factors which the Court sees fit.
It should be
noted that the above considerations are the main considerations which the court
assesses in determining such appeal as there is no actual test which the Court
applies when deciding appeals against the decision of Transport for NSW to
suspends a person s driver s licence.
Why Should you Choose Nicopoulos Sabbagh Lawyers to
represent you in your Court Case?
Nicopoulos Sabbagh Lawyers a reputable Law Firm is the
leading Law firm in both Criminal Law & Traffic Law matters. Nicopoulos
Sabbagh Lawyers has dealt with the most complex matters and our office appears
in all Jurisdictions in Criminal Law. No matter is too complex for the team so
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It is very important that you
speak with a lawyer so that you can get the appropriate legal advice which you
require prior to going to court.
Our team of experienced solicitors are there for you and can
help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article
correctly reflects the Laws of NSW as at 6th
November 2023.
*Please note that this page or any other pages on our
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