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Drivers whose licences have been cancelled, suspended have a right of appeal to the Magistrates' Court

Drivers whose licences have been cancelled, suspended or varied by VicRoads have a right of appeal to the Magistrates' Court (s.26(1) RSA), but the decision of the court is final (s.26(7)). Appeals to the Magistrates' Court in respect of VicRoads' demerit points decisions are limited to miscalculation of the points (s.26AA).

Courts

Anyone disqualified from obtaining a licence or permit, or whose licence or permit is cancelled, suspended or varied by a Magistrates' Court order, may appeal to the County Court against this decision (s.29(1)). This appeal must be filed at the court within 28 days of the court order being made.

Completion and filing of the appeal papers at the court where the conviction is recorded is not sufficient for the driver to be allowed to drive pending the appeal hearing, unless the court grants permission to do so (s.29(2)).

Drivers considering an appeal should bear in mind that a more severe penalty may be imposed by the County Court Judge.

Rehearings

Drivers who have had traffic offences heard in their absence (this is called an "ex parte hearing") may apply to the court to have the conviction set aside and the matter reheard (s.88 CP Act).

If there has been a licence loss order made the driver is unable to drive pending the rehearing, unless they have lodged a notice for rehearing and obtained the permission of the court (s.91 CP Act). The driver must give good reasons for not attending court at the first hearing.

Time limits on summonses

All traffic offences except culpable driving and failing to stop or render assistance after an accident where a person is killed or suffers serious injury are summary offences. Summonses for summary offences must be filed (i.e. lodged with the court) within 12 months of the offence occurring (s.7 CP Act).

If you are concerned about a conviction being recorded against you and the potential impact on your future, speak to a lawyer as soon as possible, and they can advise you on your chances of obtaining a non-conviction order. Criminal lawyers Broadmeadows , Criminal lawyers Heidelberg, Criminal lawyers Moorabbin

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.

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