At Nicopoulos
Sabbagh Lawyers, throughout the years, we have dealt with minor to some of the
most serious Traffic Offences in Sydney. Our Team of Sydney Traffic Lawyers
practice in all areas of Traffic Law in NSW. Our team of Sydney Traffic Lawyers
is available to always answer all your questions and for the purposes of
today’s Article we will be discussing the Applicable Test when facing an ‘on
the spot’ Licence Suspension.
The Test: “Exceptional
Circumstances”
- The
Local Court must be satisfied that exceptional circumstances exist
to justify lifting or varying the suspension (Section 268(4A)).
- This
is a high threshold, deliberately set to ensure immediate
suspensions for serious offences (like exceeding 45 km/h) are not easily
overturned, reflecting the public safety priority of the legislation.
- The
term “exceptional circumstances” is not defined in the Act, leaving it to
judicial discretion. Case law and practice indicate it means circumstances
that are unusual, extraordinary, or markedly different from the
norm for drivers facing suspension.
Restrictions on the
Test
- The
court cannot consider the circumstances of the offence (Section
268(5)(b)). This means arguments like “the speed reading was inaccurate”
or “I was speeding to avoid an obstacle” are irrelevant to the appeal.
Those defences belong in a hearing for the offence itself, not the
suspension appeal.
- The
focus is solely on the Appellant’s personal circumstances and
the impact of the suspension, balanced against public safety.
Factors the Court May
Consider
While not exhaustive
(as the court has broad discretion), common factors include:
- Need
for a licence:
Employment, medical needs, or family responsibilities.
- Hardship
caused by suspension:
Beyond ordinary inconvenience.
- Risk
to the community:
Whether lifting the suspension poses a safety threat.
- Other
relevant matters:
Unique personal or situational factors.
Why
Choose Nicopoulos Sabbagh Lawyers to represent you in
your Traffic Law Matter in Sydney?
Nicopoulos
Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office
appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters. No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so
be sure to book your first Free Consultation today!
GOING
TO COURT?
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 your
Sydney Lawyers, Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 14th March 2025.
*Please note that
this page or any other pages on our website (including any other social media
platforms for Nicopoulos Sabbagh Lawyers) are not to
be considered as a substitute for legal advice or even other professional
advice. It should also be noted that accessing of this information from this
website does not create a
client-lawyer relationship.