Police can issue a notice of suspension or an immediate suspension in a variety of circumstances. It is important to speak to a lawyer about appealing a suspension and the timing of doing so.
In circumstances of an immediate police suspension, this is ordinarily in place until a person is required to attend court for a traffic offence.
There is an option to appeal the suspension prior to a court date, however a magistrate will only vary or set aside the suspension if there are ‘exceptional circumstances’. There is no specific criteria forming what ‘exceptional’ means, however this can have to do with your need for a licence, financial hardship, health and treatment requirements and other matters the court deems relevant. It is important to note that appealing the immediate license suspension may only be on a temporary basis until the conclusion of your traffic matter before the court.
Where you have paid a traffic fine or reached the limit of demerit points, you may receive a suspension from Transport NSW.
Prior to the date of the suspension, you can choose to file an appeal with the local court against your suspension.
On the court date allocated once the application has been filed, a magistrate will review the decision to suspend you. Transport NSW will provide a bundle of documents relation to your traffic circumstances. You may also wish to provide the court with a bundle of materials that can help to show the following in support of your application:
Your personal circumstances;
Your need for a license (ie a letter from your employer)
Any education or rehabilitation programs you have completed (ie an accredited traffic offenders program).
After reviewing the materials and hearing submissions, the court will either:
Allow the appeal – meaning you keep your driver license.
Vary the suspension – the suspension period is reduced.
Dismiss the appeal – you must serve the entire suspension period imposed by Transport NSW.
It is important to seek legal advice from lawyers who specialise in traffic appeals. Contact our team today for a free first consultation.
