MY DRIVING LICENCE HAS BEEN SUSPENDED – What are my options?
MY DRIVING LICENCE HAS BEEN SUSPENDED – What are my options?
There are two common situations where your licence can be suspended:
1. Speeding & “P” Drivers
Your licence will be suspended if one of the following things happens:
- You are booked by police for speeding more than 45 kph above the speed limit;
- You are booked by police for speeding more than 30 kph above the speed limit;
- You are a provisional licence holder (‘P’ plater) and have lost all of your demerit points
In such cases, you may lodge a ‘licence appeal’ in the Local Court. After hearing the licence appeal, the Magistrate can:
a) Allow the appeal. This will eliminate the suspension period completely;
b) Dismiss the appeal and confirm the suspension period; or
c) Dismiss the appeal and reduce the suspension period to any period he or she sees as appropriate.
2. Demerit points suspension
If the RMS has advised you that your licence will be suspended because a traffic infringement has resulted in you using up all your demerit points, you generally cannot lodge a “licence appeal.”
However, you have the option of electing to have the infringement notice heard by a court.
If you then plead guilty, the Magistrate has two options. He/she can:
a) Not record a conviction pursuant to Section 10 of the Crimes (Sentencing Procedure) Act. As a result, you will not lose any demerit points and your licence will not be suspended; or
b) Convict you of the infringement and confirm the penalty notice. As a result you will be suspended for the mandatory period of time.
What happens at court?
The Magistrate will consider the evidence tendered and submissions made on your behalf. He/she will make their decision based on a range of factors, including the seriousness of your conduct, your traffic record and your need for a licence.
Do I need a lawyer?
Where you have been given a notice of suspension, it is crucial that you obtain advice from a lawyer specialising in traffic law BEFORE you choose an option or pay a fine.
When it comes to licence appeals, you only have one right of appeal. Once a Magistrate has made a decision, it is final.
An experienced traffic lawyer will be able to:
a) advise you of the steps required and documentation necessary to prepare your case; and
b) raise all matters that assist your case and professionally present your case in court.
In all cases, strict time limits apply.