Suspended Licence

  • Overview and Examples
  • What You Need To Know
  • Specialising Lawyers
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Overview

Suspended Licence

There are many reasons why someone may have their drivers licence suspended. If the driver is guilty of a serious traffic offence or driving offence, police can immediately suspend a drivers licence. Alternatively, it can be suspended if the driver has exhausted their demerit points over the prescribed period.

Understanding the specific terms of a licence suspension period is important for you in order to obey the terms detailed in your penalty notice or to dispute the suspension properly. Whether it is a demerit point suspension after reaching the demerit point limit or a direct result of certain driving offences, each situation requires an expert and nuanced approach. An honest and reasonable mistake defence may be available in some cases, but it is essential to seek legal advice from Brydens Lawyers to thoroughly explore any other potential defences.

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What You Need To Know

What Is Your Next Step Once You Have Been Charged With The Offence?

It is important to note that during the period of the suspension, you are prohibited from driving a motor vehicle on a public road regardless of the reason for the suspension. Driving a vehicle with a suspended licence would constitute a serious offence and can incur harsher penalties. To review your case properly and explore possible appeal options or disputes that may be available, contacting Brydens Lawyers is your next step.

The appeal process can be complex, involving submissions to the Local Court and possibly the Fines Enforcement Registry. Having a clear understanding of your driving record, the traffic offences in question, and the specific circumstances leading to the suspension or disqualification period, is vital. This is where Brydens Lawyers’ experienced team can assist you and provide essential legal advice and representation to ensure the best outcome for your case.


What Are You Able To Appeal?

If your licence is suspended, then in some circumstances, an appeal can be made from that decision to the Local Court. The following decisions made by either the Roads and Maritime Services (RMS) or the police are examples of decisions that can be appealed:

  • Exceeding the speed limit by more than 30 or 45 kilometres per hour.

  • Loss of demerit points for a P1 or P2 provisional driver.

  • A decision by the police to suspend a license for exceeding the speed limit by more than 45 kilometres per hour.

However, there are certain decisions of the RMS or the police to suspend a driver's licence that cannot be appealed.


When Should You Consult A Lawyer?

Strict time limits apply with respect to the lodgement of any appeal from a suspension of a driver's licence. You only have 28 days after receiving any correspondence from the RMS in which to lodge the appeal.

If you do not lodge the application within time, you will be precluded from having your appeal heard by the Court and the suspension will have to be served.

The complexity of traffic law and the significant impact of a licence suspension on your daily life, can be a stressful process. Brydens Lawyers are well-versed in the intricacies of traffic offences and licence suspensions and can assist you with navigating the legal system or advocate on your behalf. We provide comprehensive advice on the appeal process, demerit points and potential for reducing or overturning your suspension. Our goal is to ensure that your rights are protected and to strive for the best possible outcome in your case.

Contact Brydens Lawyers online or call 1800 848 848 today.

Testimonials

In January I lost my license for 6 months due to a medical condition. I got in contact with Avinash Singh from Brydens Lawyers, straight away Avinash put me at ease. Within a week my license was renewed, and I was able to drive again. I was so impressed with the dealings I had with Avinash and Brydens Lawyers, I wouldn’t hesitate to use them again or recommend them to my family of friends.

Andrew Johns of the NRL

Avinash made us feel at ease and has taken the stress from us. Today I can say we are much happier as a family and we have our son back.

A client of our Criminal Law division

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FAQs

How much does a suspended licence lawyer in NSW cost?

The cost of legal representation depends on the complexity of your matter and whether you are appealing a NSW licence suspension or a charge of driving on a suspended licence. As each case is different, requiring a strategy that is personalised to your circumstances, our lawyer will provide you with a quotation of your expected costs during your initial consultation.

What is the penalty for driving while suspended in NSW?

You could face severe penalties for driving on a suspended licence, including automatic licence disqualification, substantial fines, and potential imprisonment for repeat offenders.

What is the difference between a licence suspension vs disqualification in NSW?

The key difference between licence suspension vs disqualification in NSW lies in how they are imposed and their legal consequences.

A suspension is an administrative penalty imposed by Transport for NSW, usually for accumulating demerit points, unpaid fines, medical reasons, or failing to pay court-ordered penalties. They are generally for fixed periods, and your licence is automatically reinstated once the suspension period ends and any outstanding requirements are met.

A licence disqualification, however, is a penalty imposed by a court following a conviction for a traffic offence such as drink driving, dangerous driving, or driving while suspended in NSW. Disqualifications prevent you from holding or obtaining a licence for a specified period, and you must reapply for your licence after the disqualification ends. In these matters of traffic law, a suspended licence solicitor in NSW can advise on your specific circumstances and the appropriate legal response.

How long does a licence suspension appeal in NSW take to be heard?

Timelines vary depending on the type of suspension and the court's availability. If you are appealing a demerit point suspension or other administrative suspension, you must lodge your appeal within 28 days of receiving the suspension notice. Once lodged, the matter is typically listed in the Local Court within 4-8 weeks, though this can depend on court backlogs and location.

Can a suspended licence lawyer in NSW represent me if I have multiple traffic offences?

Yes, it is actually more important to. Multiple offences compound penalties and increase the likelihood of licence disqualification, higher fines, and, in serious cases, imprisonment. Your NSW traffic law suspended licence solicitor will analyse each charge separately, identify any defences or mitigating factors, and develop a comprehensive strategy to minimise the overall impact on your ability to drive.

How do I hire a suspended licence lawyer in NSW?

Brydens Lawyers provides expert advice and representation for our clients in Sydney, Regional NSW and Canberra. Book a consultation online or call 1800 848 848 to take your next steps with greater clarity.