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Licence Appeals (Speeding offences)
Automatic Speeding Suspensions:
There are automatic driving suspensions for certain speeding offences. The duration of the suspension depends on how fast you were travelling over the speed limit:
- more than 30 km/hr over the limit but under 45 km/hr, your licence will be suspended for 3 months
- more than 45 km/hr over the limit, your licence will be suspended for 6 months.
Immediate Police Suspensions:
Police may immediately suspend and confiscate your licence for the following offences:
- A serious driving offence causing death or grievous bodily harm.
- Speeding in excess of 45 km/h over the speed limit.
- Middle or high range prescribed concentration of alcohol or committing other serious alcohol-related offences.
- A street racing offence.
- Speeding in excess of 30km/h over the speed limit whilst the holder of a learner or provisional licence.
- Driving unaccompanied by a supervising driver whilst the holder of a learner licence.
Possible Defences and Appeals against RTA and police suspensions
Can I be successful in a licence appeals hearing?
Contrary to what many people believe, speeding fines can be challenged successfully. We have successfully defended many clients who have challenged speeding offences. You can take the matter to court and ask for the court not to impose a conviction and deal with the matter by way of a section 10 of the Crimes (Sentencing Procedure) Act, in which case you will not lose your demerit points. To find out more about a section 10, click here.
You can challenge an automatic RTA or Police Suspension in court. Your personal circumstances will be taken into account and the circumstances in which you committed the offence.
Our Traffic Lawyers have successfully appealed hundreds of RTA suspensions by building up a strong case for the court to exercise its discretion to overturn the suspension.
We have appeared in almost all of the local courts in NSW for speeding licence appeals, and are very very rarely unsuccessful in our licence appeals applications.Case Study -Provisional driver caught speeding twice- 7 day suspended licence.
Case Study - S.10, After Immediate Police Suspension.
Our client held a provisional one drivers licence and was a full time university student. The client had been charged with two separate speeding offences within a couple of days of each other.
In both instances our client was caught speeding 10 km/h over the speed limit, both of these infringements occurred in the same location, by the same speed camera.
Our solicitor prepared an affidavit explaining the clients need for a licence particularly as a means for travelling to and from university each day. The matter was heard at Liverpool local court before magistrate Holdsworth.
In court our solicitor made strong submissions on behalf of the client about the client’s inexperience as a driver which led to the traffic offences. As evidence of this the solicitor pointed to the fact that both infringements happened at the same place and were caught by the same camera within a small period of time.
Magistrate Holdsworth agreed with the submissions made by our solicitor and considered the infringements by the client to be a genuine mistake. Magistrate Holdsworth significantly lowered the penalty only suspending our clients licence for seven days.
A great result for our client who was extremely pleased and was still able to get to and from university.
Our client was charged with mid-range drink driving, speeding over 45 km/h and having no P-plates displayed on her car.
The allegations were that our client had some drinks at a hotel with her friends and decided to drive home, having no regard to the safety of the community. She was handed an immediate police licence suspension.
However our client was involved in disruptive relationship spanning 3 years.
In a lengthy plea, our solicitor presented the case in a manner to show duress. It was put to the court that she became anxious and apprehensive just thinking about her past even though the person in question was not present that night. The matter was stood down by the court on several occasions so that the prosecution could do some background checks.
Our solicitor negotiated with the police through-out the day to ascertain some information regarding her partner to substantiate her distress that night. As it turned, there was a previous AVO placing her as protected person against her ex-partner. Further submissions to the court complemented with her character references and letter of apology compelled the magistrate to deal with it by way of a section 10 with a 12 month good behaviour bond.
Getting her licence back, our client was able to continue to care for her family and go about her day-to-day chores as usual.
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