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Case Study: Young mother has licence suspension quashed

Exceeding the speed limit by more than 30kms per hour will result in an automatic licence suspension of 3 months. This is imposed by the RMS once the penalty...

Justin Wong

Exceeding the speed limit by more than 30kms per hour will result in an automatic licence suspension of 3 months. This is imposed by the RMS once the penalty notice is paid. For many of our clients, this jeopardises their ability to work and provide for their family.

In these circumstances, we often advise clients to appeal the RMS suspension that follows. The matter will then be listed before a magistrate in the Local Court, where the magistrate has the power to reduce or quash the suspension period. The magistrate can also dismiss the appeal, meaning the full three month suspension must be served.

Today, one of Maxine Malaney’s clients had her licence appeal heard at Wyong Local Court. This client had been pulled over by police for exceeding the speed limit by more than 30km per hour, whilst her infant daughter was in the car.

If suspended, our client would lose her job, even if the suspension period were only short. Furthermore, she would not be able to transport her daughter to day care.

Maxine worked with our client to gather evidence in support of her case. In court, she submitted to the Magistrate that the client should be treated as an exceptional case and that the court would be justified in quashing the suspension altogether.

The Magistrate ultimately agreed, allowing the appeal and quashing the suspension period altogether. The client drove home from court with the knowledge that she would keep her licence, and therefore keep her job.