Licence Suspension Appeals Archives -

Appealing a Police Suspension

If you’ve received an immediate notice of suspension from the Police, you have two options. We can help you decide whether appealing the police suspension, or electing the traffic infringement, is the best option for you.

Why has the Police suspended my licence?

The most common reasons why the Police suspend your licence include:

If you’ve been charged with a drink driving offence (PCA)
Exceeding the speed limit by more than 45km/h

The suspension will be in place for a set period of time, or until a court determines the matter.

Alternatively, it is possible for the RMS to appeal your licence. Read our article for more information.

Can I appeal a police suspension?

Yes.

However, it’s difficult to be successful. This is because the test that the court applies is whether there are ‘exceptional circumstances’ to lift the immediate licence suspension.

Unfortunately, needing a licence for work alone is not an exceptional circumstance. However, exceptional circumstances can be met by one exceptional factor, or a number of ordinary factors.

Is there a time limit to appeal a police suspension?

Yes. You must appeal the decision within 28 days of receiving the immediate notice of suspension.

We can help

Our experienced lawyers have received excellent outcomes for our clients who have appealed licence suspensions in the Local Court, assisting them to have the suspension quashed or reduced.

We can help you:

Lodge the appeal,
And prepare a strong subjective case in order to get your licence back.

Appealing RMS Licence Suspension

We are here to help you with appealing an RMS licence suspension. Our experienced traffic lawyers work with you to ensure you receive the best possible outcome for your case. For example, read about our Past Cases, where our clients have had their suspension period removed:

If you’ve received a Notice of Suspension from the Roads and Maritime Services (RMS), you have 28 days to lodge the appeal. We’ve answered some more frequently asked questions below.

Why has the RMS suspended my licence?

The most common reasons why the RMS suspend a licence include:

If you exceed your demerit points as a provisional licence holder
Exceeding the speed limit by more than 30km/h
Exceeding the speed limit by more than 45km/h
For medical reasons

Can I appeal the decision of the RMS to suspend my licence?

Yes.

When you appeal, the court can make four decisions:

Allow the appeal, and lift your suspension
Vary or reduce your suspension
Dismiss the appeal, and confirm the 3 months suspension
Or make any other order that the court sees fit

What can I do to get my licence back?

A well prepared case will assist you with obtaining your licence back. The court will consider your traffic history. However, completing the Traffic Offenders Program can increase your chances, even if you do not have a clear traffic record.

In addition, the court will look at your need for a licence, and your character.

However, it is important that you recognise that if you receive an immediate licence suspension from police, a difference test applies. You must instead establish that there are exceptional circumstances that require the suspension to be lifted.

Is there a time limit to appealing an RMS licence suspension?

Yes. The appeal must be lodged within 28 days of the letter from the RMS being posted.

However, courts generally assume that you received the letter 4 working days from when it was posted.

Licence Suspension Appeals

Appealing a Police Suspension

Why has the Police suspended my licence?

Can I appeal a police suspension?

Is there a time limit to appeal a police suspension?

We can help

We're here to help

Appealing RMS Licence Suspension

Why has the RMS suspended my licence?

Can I appeal the decision of the RMS to suspend my licence?

What can I do to get my licence back?

Is there a time limit to appealing an RMS licence suspension?

We can help

We're here to help