Drivers License Lawyers

Demerit points suspension:

For speeding driving licence appeals, go to:

https://www.lylawyers.com.au/criminal-law/traffic-offences/licence-appeals-speeding-offences/

For unrestricted licence holders, the period of suspension depends on the number of points accumulated as follows:

  • 13 to 15 points – three months.
  • 16 to 19 points – four months.
  • 20 or more points – five months.
  • For provisional and learner licence holders, the suspension period is three months

Demerit Points Driving Licence Appeals

If you have been suspended due to a loss of demerit points and are on a provisional licence you can challenge the automatic suspension period imposed by the RTA.

Can I appeal my demerit points suspension?

A provisional licence holder has the automatic right to lodge an appeal against the 3 months suspension that is imposed by the RTA upon the accumulation of their points.

Driving licence appeals and the commission of an offence that will lead to a demerit points suspension

If you are on a good behaviour licence following losing your 13 points on a full licence and commit an offence your licence will be suspended unless you elect to have the offence with which you are charged contested in the Local Court. Once at the Local Court, you may enter a plea of guilty and ask that the Court exercise its discretion to deal with your matter by way of a section 10, dismissing the offence without conviction. If the Court dismisses the offence under Section 10 of the Crimes (Sentencing Procedure) Act 1999, the demerit points related to the offence will not be recorded. To find out more about a section 10, click here.

CASE STUDY

Facts:

Our client was facing a 3 months suspension due to exceeding the limit by more than 30 km/hr but less than 45 km/hr on a motorbike. Our client was from New Zealand and had only being driving in Australia for 15 months. In the 15 months, he had committed 4 other speeding offences. His driving record, in the words of the Magistrate was abysmal. Our client sought to appeal the 3 months suspension due to the extenuating circumstances in which the offence was committed and his need for a drivers licence for work and family purposes.

Outcome:

One of our solicitors successfully argued that our client had a substantial need for a drivers licence for work and family purposes. Our solicitor then called our client to give evidence to explain that his driving was a consequence of an unsafe position he found himself in. The Magistrate accepted the evidence of our client on the basis the client had intimate knowledge of the safety procedures required when riding a motorcycle. The RTA Prosecutor vigorously opposed the appeal on the basis that our client has a very extensive traffic history. However, the appeal was allowed and the suspension was set aside.

Case Study - Driving Licence Appeal granted for Self Employed
Our client was a 28 year old self- employed kitchen installer who was facing a 3 month licence suspension from the RTA for loss of demerit points.
LY Lawyers lodged a licence appeal against the RTA at Liverpool Local Court.

Our lawyer signed him up for the Traffic Offenders program and prepared his references and letter of apology.

She appeared before Magistrate Degnan at Liverpool Local Court and argued that he needed his licence to sustain his business and pay off his large mortgage. The Magistrate was convinced and allowed the appeal.

Our client was extremely happy and lived to drive another day.

Case Study - Successful RTA Licence Appeal for expecting father
Our client came to us extremely concerned about the impact a loss of licence would have on his job as a tradesman and his family. He had received a notice of suspension of 3 months for an accumulation of demerit point offenses.

Although an experienced driver having held a licence for over 10 years, he had never taken his full licence test and remained on his P2 licence.

Our client informed our solicitor that on one of the speeding offences resulting in suspension, he was not driving the vehicle. This was included in the affidavit handed up to the court as proof our client was not deserving of a licence suspension.

Our solicitor gathered evidence from our client’s employer which confirmed that a licence suspension would force them to let go of our client.

Our client and his wife were expecting their second child and a licence suspension would not only result in a loss of their primary income it would have dire impacts on their ability to afford to care for two young children.

The licence appeal was heard before Magistrate Coombes at Fairfield Local Court. His Honour was satisfied on the evidence before him that our client and his family would suffer significantly as a result of a licence suspension. He allowed the appeal.

This was the best possible outcome and our client and his wife were extremely relieved when they left the court

Case Study - Licence Not Suspended
Our client came to us extremely concerned about the impact a loss of licence would have on his job as a tradesman and his family.

He had received a notice of suspension of 3 months for an accumulation of demerit point offenses. Although an experienced driver having held a licence for over 10 years, he had never taken his full licence test and remained on his P2 licence.

Our client informed our solicitor that on one of the speeding offences resulting in suspension, he was not driving the vehicle. This was included in the affidavit handed up to the court as proof our client was not deserving of a licence suspension. Our solicitor gathered evidence from our client’s employer which confirmed that a licence suspension would force them to let go of our client.

Our client and his wife were expecting their second child and a licence suspension would not only result in a loss of their primary income it would have dire impacts on their ability to afford to care for two young children. The licence appeal was heard before Magistrate Coombes at Fairfield Local Court.

His Honour was satisfied on the evidence before him that our client and his family would suffer significantly as a result of a licence suspension.

This was the best possible outcome and our client and his wife were extremely relieved when they left the court.

Case Study - Appeal Allowed
Our client was a 28 year old self- employed kitchen installer who was facing a 3 month licence suspension.

Our lawyer signed him up for the Traffic Offenders program and prepared his references and letter of apology. She appeared before Magistrate Dignan at Liverpool Local Court and argued that he needed his licence to sustain his business and pay off his large mortgage.

The Magistrate was convinced and allowed the appeal. Our client was extremely happy and lived to drive another day.
Case Study - P2 driver keeps licence despite losing all demerit points.
Our client was a 19 year old P2 driver who needed his licence because his work as an apprentice required him to travel all over Sydney.

The client was facing suspension of his licence due to a loss of all of his demerit points for a number of different traffic infringements.

In the two years prior to the court date our client had accrued several demerit points due to speeding, red light and not displaying P plate offences. The incidence that the client sought legal advice on was the recent speeding charge; the client had been caught 10km/h over the limit.

In explaining the situation the client advised our solicitor that at the time of the offence he was driving his father’s vehicle which had a lot more power then the vehicle our client normally drives. The solicitor in the matter also advised the client to complete the SAVE traffic offenders program and to obtain an employer character reference letter and a letter of apology to the court.

The matter was heard before Magistrate Prauss at Liverpool local court in April 2015, during the hearing our solicitor made strong submissions highlighting our clients remorse that the incidences had taken place as well as the fact that the client had undertaken the SAVE traffic offenders program and that he required his licence to continue working.

In deciding upon his judgment magistrate Prauss agreed with the strong submissions made by our solicitor sighting the fact that the client had good character references and had completed a traffic offenders program and because of this decided to allow the appeal meaning that our client was able to keep his licence.

A great result as our client thought that he would  be losing his licence for at least 3 months.

Case Study - Refuse Blood Test
Our client was charged with refusing to provide a blood sample, except he had provided a sample, but the nurse had used an alcoholic wipe which meant they could not use the sample. After another failed attempt, he was charged.

Our client was immediately suspended by Police from driving until his court case was finalized.

Our solicitors successfully appealed the suspension in court and our client’s licence was returned to him.

LY Lawyers assisted our client by showing to the Magistrate that exceptional circumstances existed for the police suspension to be quashed. The exceptional circumstances included that the Police had arrested our client and took him to the hospital to get a blood test without first doing a breath test, oral fluid test or a sobriety test, and therefore they had no right to arrest him and he was not guilty.

Later on the Police withdrew the charges against our client and he is now able to drive freely.

Case Study - Delay In Probation
Our client held a P2 licence and was suspended by RMS for 3 months for demerit points. Our client opted for an appeal due to the nature of his job. Fairfield Court saw fit to reduce the disqualification to only one month and delay it’s commencement for 4 months to allow him to finish the probationary period of his job so he didn’t lose his employment.

Case Study - Obtained All Demerit Points
Our client held a P2 licence was suspended by RMS for 3 months due to demerit points. On appeal we successfully argued that there was a double jeopardy principle due to him receiving punishment already for the infringements. The magistrate a Fairfield court agreed and due to the need for his licence his suspension was reduced to 7 days and backdated to allow him to obtain all demerit points back and to commence driving immediately.