Not every suspension can be appealed, and the ones that can have a strict time limit. Here’s who can appeal, how long you have, and what the court can do.
The 28 days runs from the day you were notified, not the day the suspension starts.
Try it outThese are the numbers the law sets. What happens in your matter depends on your record and your circumstances, and a solicitor at Daoud Legal - Criminal Defence reviews every matter.
Most licence decisions made by Transport for NSW can be appealed to the Local Court, and the appeal has to be filed within 28 days of the day you were notified.
If you hold a full unrestricted licence and you were suspended for going over your demerit point limit, you generally cannot appeal that suspension to the court. Learner, P1 and P2 holders can.
On an appeal against an immediate police suspension, the court must not vary or set it aside unless it is satisfied there are exceptional circumstances. These are difficult applications to win.
Unrestricted licence holders facing a demerit point suspension are offered a 12 month good behaviour licence instead. During it you must not accumulate more than two demerit points, and a breach means a suspension of double the original length.
It has to be taken up before the suspension starts rather than thought about afterwards.
The Local Court may determine an appeal by setting aside the decision, varying it, dismissing the appeal, or making such other order as seems just in the circumstances.
What moves the court is specific evidence about what the suspension would actually do to you: your work, your dependants, your alternatives, and why they do not work.
Talk it through with us. A short conversation works out whether yours is a matter you can run yourself, and a solicitor at Daoud Legal - Criminal Defence reviews every matter before anything goes near a courtroom.
Try it out