Speeding & License Appeals NSW
Over speeding or driving in a range that exceeds the speed limit of a certain public road, such that of a school zone may place your license in danger of suspension. Suspension of license can last from three months or more, depending on the number of the times you have committed the same offense and the decision of the court.
Suspension of license is a consequence under the Traffic Law that you should avoid. Having a record of license suspension would basically weaken your future job prospect and would hinder your ability to support yourself and your family.
In an event where your license is suspended by the RTA or the police, you can have the chance to appeal. However, this may only be limited to traffic offenses that involve exceeding the speed limit by more than 30 or more than 45 kilometers an hour, loss of demerit points, and on-the-spot suspension by police officers for exceeding the speed limit by more than 45 kilometers an hour. Other grounds for license suspension are not appealable.
The decision of the court will always be final and binding. If you have filed for an appeal, the court can only allow, disallow, or reduce your suspension. In making decisions concerning an appeal, the court will assess the circumstances that lead you to commit the offense, your traffic record, and the necessity of a license on your end.
In most cases, traffic offenders would persuade the court to give an order under Section 10 of the Crimes (Sentencing Procedure) Act. A person granted with Section 10 will incur no criminal records and may be acquitted from license suspension, thus there is no need for an appeal.
Appeals can only be lodged within 28 days. The law presumes that any traffic offender shall have received a letter of notification of suspension within 4 working days. If the filing of the appeal has elapsed, the court will no longer hear the same, giving you no choice but to serve the suspension period.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.