Can I appeal a licence suspension from RMS or the NSW Police?
If you seek to appeal a suspension from the RMS or Police, you should contact our lawyers at McKenzie McLaughlin Law immediately for their advice and representation. Timing is of huge importance in respect to successful licence suspension appeals.
Of importance, it is possible to appeal against a driver’s licence suspension under certain circumstances. Those particular opportunities arise when:
- You have been issued with a suspension by RMS after speeding in excess of 30 or 45 kph.
- You have a provisional rather than a full licence.
- You have a full licence, but wish to plead not guilty to the offence that led to the demerit point suspension.
- You were given an on-the-spot suspension by police for excessive speeding, or a suspension following a charge of middle to high-range drink driving.
- You want to plead guilty to the offence that led to the demerit point suspension, and ask for a non-conviction order from the Magistrate.
What power does the Court have on hearing my appeal?
On hearing an appeal, the Court may set aside the decision to suspend, vary the decision to suspend, dismiss the appeal, or make a seperate order that seems just to the Court in the circumstances.
Where to now?
There are strict time limits on appeals against driving licence suspension. Any appeal must be lodged within 28 days of finding out that your licence has been suspended or receiving the notification from RMS through the post. If you are wanting to appeal your suspension, get in contact with Josh and James straight away.