License Appeal Lawyers

It is a common occurrence that people pay infringement notices believing it to be the end of the matter, then to be surprised by receive a Notice of Suspension in the mail, suspending them from driving for a number of months. These suspension periods can be appealed to the Local Court and can be reviewed by a Magistrate. 

Notice of Suspension

An RMS notice of suspension can be issued for a number of reasons. Of those, the matters which can be appealed to a Local Court Magistrate include:  

1. Being charged with serious drink driving and other serious traffic offences;
2. Medical reasons;
3. Not being a fit and proper person to hold a licence;
4. Exceeding the speed limit by more than 30km/h;
5. Exceeding the speed limit by more than 45km/h; and 
6. Accumulation of demerit points (Provisional licence holder only).

On hearing the appeal to the Local Court, the Magistrate has discretion to vary the suspension period, remove the suspension period or dismiss the appeal. 

In considering the matter, the Magistrate will have regard to the offence/reason for suspension, your personal circumstances, and your traffic history. 

When you file an appeal against a Notice of Suspension, the suspension period will be delayed until the after the hearing in the Local Court. 

There can also be utility to electing on the original infringement notice and seeking a non-conviction in order to avoid a demerit point/mandatory suspension. 

Police Suspension

In addition to RMS suspensions, Police also have powers suspend a person’s licence. A Police Suspension takes immediate effect upon service of a notice. A Police Suspension can be issued for the offences: 

1. Being charged with serious drink driving and other serious traffic offences;
2. Exceeding the speed limit by more than 30km/h;
3. Exceeding the speed limit by more than 45km/h; and 
4. Unaccompanied learner offences. 

Police can also suspend your licence for 14 days if they form the view that the driver is a danger to the community. 

Licence Appeals can be procedurally complex matters and require an experienced criminal lawyer. 

Green & Associates Solicitors Experience and Success 

• Our defence lawyers have acted for dozens of clients and obtained good behaviour licenses without needing to go to Court or risk a conviction;
• We have assisted clients obtain pardons through RMS internal reviews without the need for Court; obtained countless non-convictions and s 14 diversions for offences ranging from mobile phone use through to more serious offences, including drink driving, drug driving, negligent driving and dangerous driving;
• We have had habitual offender declarations and bans overturned even with fresh charges;
• We have obtained a non-conviction for a third offence of drive while suspended / disqualified even with previous convictions.

We also provide expert legal representation across a broad range of matters, including other criminal matters (and appeals) and:

• employment-law issues (i.e. enforcing or dispute a restraint of trade clause for previous or new employees);
• compliance and regulatory issues (i.e. licencing and underquoting breaches);
• property matters;
• defamation proceedings; and
• all types of commercial matters