Successful appeal for a 6 month driver’s licence suspension

Our criminal lawyer, Tony Greenwood, attended at Sutherland Court earlier this month to represent a client whose unrestricted driver licence was suspended for 6 months for exceeding the speed limit by more than 45 Km/h.

The law

In NSW, a driver can appeal the following types of decisions to suspend his or her driver’s licence:

  • a decision by the Roads and Maritime Service (RMS) to suspend a driver’s licence for exceeding the speed limit by more than 30 or more than 45 Km/hr
  • a decision by the RMS to suspend a P1 (incurring more than 4 demerit points) or P2 (incurring more than 7 demerit points) provisional driver licence for loss of demerit points
  • a decision by a police officer to suspend a driver licence on the spot for exceeding the speed limit by more than 45 Km/hr.

It is important to note that in New South Wales, the following decisions cannot be appealed:

  • a decision by the RMS to suspend an unrestricted driver licence for incurring demerit points;
  • a decision by the RMS to suspend an Interlock driver licence; and
  • a breach of a good behaviour bond attached to a driver licence.

Shire Legal’s client

Our client was caught by a mobile speed camera on the Kingsway at Gymea doing 120 Km/hr in a 60Km/hr zone. Not only did he receive a fine of $2,306, his licence was suspended for 6 months.

Why our client’s licence was important to him

Our client was a tradesman who operated his own business and he was required to be on the road driving around Sydney each working day. Consequently without a driver’s licence his ability to run his business would be severely affected.

Court Attendance Notice
The appeal

Our appeal grounds centered upon our client’s need for a driver’s licence, his good driving history, his good character and that he is fit to hold a licence.  Tony also arranged for our client to attend and complete an accredited traffic offender program.

Written references were tendered to the court together with his certificate of completion of the traffic offender program.  Detailed written submissions were also tendered to the court, and Tony made thorough oral submissions.

The Court’s decision

The Magistrate had to balance the seriousness of the offence and the purpose behind suspending speeding drivers (for example punishment, deterrence, and protecting the community) against our client’s subjective circumstances.

The Magistrate agreed with the submissions, and was persuaded that the 6 month suspension was excessive in the circumstances.

The result

Our client’s suspension period was therefore reduced from 6 months to 10 weeks. Our client was extremely happy with this result.

_____________________________________________

Speeding is a serious offence, and one which the police, RMS and Courts take very seriously.

If you require assistance with any traffic or criminal matter, please contact Tony Greenwood, Solicitor, Shire Legal on 9526 3444.

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