If your licence has been disqualified by a court in NSW, there are some options available to get your licence back. For example, by filing an appeal to the District Court. Alternatively, in some instances an application to remove the disqualification can be made. We have explored these options in further detail below.
Appealing a licence disqualification
Your licence is automatically disqualified after conviction for certain traffic offences in NSW. For example, Driving While Suspended or Drink Driving. This can only be avoided if no conviction is recorded.
If you’ve already been sentenced, you can appeal to the District Court. However, the appeal must be lodged within 28 days.
If a Judge allows the appeal and does not record a conviction, the disqualification period will no longer be in place.
However, if the Judge decides that the conviction should remain, it may be possible to ask for a shorter disqualification period. To do this, you should submit evidence of your need for a licence. This can include an employment contract or medical documentation.
Removing Licence Disqualification Periods
If you are out of time to appeal the Local Court decision, then the disqualification period will remain in place.
However, an application to remove a disqualification period can be made if there has been an “offence-free period”. In other words, you have not committed any new traffic offences. An offence-free period will either be 2 years or 4 years, depending on the type of offence that you were disqualified for.
However, you cannot apply to have your disqualification removed if the original offence was a serious offence. For example, Police Pursuit or Dangerous Driving Occasioning Death or Grievous Bodily Harm.
Removing Licence Suspensions
The above procedures only relate to disqualification periods. If you have lost your licence as a result of a suspension, there are different options available.
Police or the RMS can issue licence suspension. As a result, the Court has the power to review this decision. The following articles provide more information:
We can help
Our lawyers are experts in traffic law. We provide you with first class legal representation. That is why we offer a free initial consultation, so that you can ask questions and receive quality advice.
Contact us today on 0421 700 497, or email [email protected].
