A member asked over 8 years ago

My drive licence is getting suspended in nsw what options do i have

I have a p plate driver licence in nsw. I am going to get suspended for speeding over 30km. It says i am gonna get suspended because the speed is high. what option do i have to try and stop getting suspended.

Nicholas Stewart
Partner at Dowson Turco Lawyers

If you are not on a good behaviour bond with Roads and Maritime then you have a right to appeal the decision to suspend you. I am assuming you are guilty as charged but seek a lighter penalty, namely no suspension.

The process would be to lodge a notice thatyou want the matter heard by a court. You wouldcomplete the back of the form issued to you or lodge anotice online using the particulars on the form issued to you.

The court will then allocate a court date and on that date you'll be required to attend the court.

When you go to court you will have an opportunity to present a case for why your licenceshould not be suspended. You would be asking for the court to make a Section 10 order under the Crimes(Sentencing Procedure) Act. This would, if you are successful, have theeffect of the court dismissing thesuspension notice in exchange for your "guilty" plea and on the basis that youare of prior good character.

If youare self-representing, youshould:

(a) give evidence of your good character in the form of character references from people who themselves are of good character;

(b) commenthonestly in relation to your driving history, how long you've been driving for and what your record is like;

(c) demonstrate a legitimate need for a licence such as the requirement to hold down a job; and

(d)tell the court about anything else impacting your circumstances or anything at the time of the offence that might be relevant.

Make sure you are prepared and have original documents. For example, character references and remember your employer might be able to write a letter in respect of your need for a licence.

The court has absolute discretion here and would consider the evidence before it. The court would also look at the circumstances of the offence such as what time you were driving, what the weather was like, where you were driving, what the road surface was like, whowas around and how many cars were on the road.


Suggested way forward

Follow the steps above or contact me.

Answered over 8 years ago   Legal disclaimer

Kristy Howell Brennan Ong
2 lawyers agree with this answer
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