Many people are unaware that when you are issued with a speeding fine for exceeding the speed limit by more than 30kms/hr (but less than 45kms/hr), paying the fine and incurring a loss of demerit points is not the end of the matter. Once the fine is paid, you will automatically receive a Notice of Suspension from the Roads and Maritime Services stating that you will be suspended for a period of 3 months.

The good news is that there is a right of appeal against the suspension period, provided the appeal is lodged with the New South Wales Local Court Registry within 28 days of receiving the Notice of Suspension.

In hearing an appeal against the administrative decision of the Roads and Maritime Services to suspend a person’s licence, the Local Court can make one of the following orders:

1. Dismiss the appeal; or
2. Reduce the period of suspension; or
3. Quash the period of suspension; or
4. Make any other order that seems just to the Court in the circumstances.

Recently, we were instructed to lodge a licence suspension appeal for a client who had a significant need for a licence.  Zoe Whetham, criminal and traffic law solicitor at Streeton Lawyers, conferenced our client and helped him to obtain subjective material to assist in his appeal.

Last week, Ms Whetham appeared at Campbelltown Local Court on behalf of our client and made submissions and was able to successfully argue that our client’s 3 month suspension should be quashed.

This meant that our client does not have to serve any time off the road and is able to continue to drive. He was very pleased with this result.

If you have received a Notice of Suspension, or have recently received a fine for a traffic offence, contact one of our lawyers for a FREE consultation and advice on how to obtain the best outcome for your case.

By Zoe Whetham

Photo by Zhanna Fort