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It is a privilege to have a driver licence within NSW however losing your licence or the potential loss of your licence can cause unusual hardship to your family life and be detrimental to your employment.
Most road users may not be aware of their appeal rights of a licence suspension or electing on an infringement notice. Before considering any of the above, please speak to one of our lawyers who can advise on the procedures and potential consequences.
If you are a learner or provisional licence holder and have been provided with a notice of suspension for incurring the demerit point threshold that is issued by the Transport for NSW, you are able to appeal the suspension. Appealing the suspension means you are asking the court to consider the need for licence, your traffic history and the circumstances surrounding the offending. The court then has four options:
If you are an unrestricted or professional driver and you receive a notice of suspension for incurring the demerit point threshold that has been issued by the Transport for NSW, you can elect to take up a good behaviour licence. A good behaviour licence is not incurring 2 or more demerit points in the 12 month period. If you breach this, you will face a licence suspension that is double the original period of suspension. Please note that you cannot appeal the loss of your licence based on accumulation of demerit points.
It may be a situation that you don’t believe you have broken the law and therefore want to challenge the infringement in court. If this is the case, you are entitled to enter a plea of not guilty to the offence and have the matter heard at a hearing. At the hearing, you will be required to give evidence in relation to the alleged offending. The magistrate will then make a determination on whether you are a found not guilty or guilty. If you are found guilty of the offence the Magistrate will decide on the sentence.
It also maybe a situation that you have broken the law but the penalty you have received is too harsh. You can enter a plea of guilty, explain the circumstances and situation of the offending. The Magistrate will then decide on the penalty. Before you elect on the infringement, it is best to speak to one of our experienced lawyers. It may be a situation where you think you are not guilty but rather you are guilty with an explanation.