At GMH Legal, we have acted for many drivers who have been at risk of having their license suspended for speeding and other traffic offences. Our traffic lawyers will represent your interests in a way that ensures the best possible outcome in the situation.
Which decisions can be appealed?
The following decisions of the RMS (RTA) and police can be appealed in the Local Court:
- A decision by the RMS (RTA) to suspend your licence for exceeding the speed limit by more than 30 kilometres an hour if you have a provisional license or more than 45 kilometres an hour if you have an unrestricted license.
- A decision by the RMS (RTA) to suspend a P1 or P2 provisional driver’s licence for loss of demerit points.
- A decision by the police to suspend your licence (on the spot) for exceeding the speed limit by more than 45 kilometres an hour.
Which decisions can’t be appealed?
The following decisions cannot be appealed:
- A decision by the RMS (RTA) to suspend an unrestricted drivers licence for loss of demerit points.
- A decision by the RMS (RTA) to suspend your interlock drivers licence.
- Where a driver on a good behaviour bond licence breaches the bond.
However, the RMS (RTA) is not to impose demerit points where a court orders that a person not be convicted of a traffic offence under Section 10 of the Crimes (Sentencing Procedure) Act 1999. This means that you can elect to take a traffic infringement notice to court and ask the court not to convict you.
If you are successful in persuading the court to order a “section 10” you will not accumulate demerit points for the traffic offence and therefore your licence may not be suspended. We have successfully obtained a “section 10” for many of our clients who have been charged with traffic offences and will do our utmost to ensure you receive the best possible outcome in the circumstances.
Licence Appeals – What You Have To Prove
There is no real test that the court applies when deciding the appeal. However, the court does not permit a review of your guilt or innocence of the offence or the imposition of the fine. Generally the court will make a decision based on 3 main areas:
- The circumstances of the offence.
- Your traffic record/character.
- Your need for a licence.
You need to lodge your appeal quickly
You only have 28 days after receiving the letter from the RMS (RTA) notifying you of the suspension to lodge your appeal. The law assumes that you received the letter 4 working days after it is posted (even if that is not the case in fact).
Generally the last day to lodge the appeal is the day before the suspension is due to start. If you do not lodge your application in time the court cannot hear your appeal, and you must serve the suspension.
If you have been charged with a traffic offence and are at risk of losing your license, call the experienced traffic lawyers at GMH Legal for a FREE consultation:
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