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Licence Suspension Appeals Lawyers
Expert Traffic Law Defence to Keep You on the Road.
Traffic offences can carry serious consequences, from heavy fines and a loss of licence to impacts on your employment and insurance. If you have been charged with a traffic offence, such as speeding by more than 30km/h or 45km/h, or exceeding your demerit point limit, it is important that you get clear legal advice at an early stage. The court can allow your appeal, vary the suspension, or dismiss it entirely, making professional representation vital.
At Tempus Law, we help everyday drivers protect their record, their licence, and their future. With deep knowledge of traffic law and a strong courtroom presence, we work hard to prepare submissions, evidence, and character references that demonstrate hardship to minimise penalties and secure the best possible outcome for your case.
Licence Suspension Appeals for
Speeding Offences in NSW
Have you lost your licence for a recent speeding fine? Do you urgently require your licence to get back on with your daily life?
At Tempus Law, we understand that losing your licence can have serious consequences for your employment, family, and your independence. Our team at Tempus Law is committed to helping clients protect their licence.
If your driver’s licence has been suspended, you may have the option to challenge the suspension in the Local Court. The appeal process gives you the opportunity to explain your circumstances and ask the court to review the decision made by Transport for NSW or by a NSW Police officer.
The court will assess your case based on your driving history, the nature of the offence, and any evidence of hardship you provide before deciding the outcome.
When can I appeal?
You are able to appeal against a licence suspension if you have been suspended:
- For driving at a speed of more than 30km/h over the prescribed limit
- For driving at a speed of more than 45km/h over the prescribed limit
- For having too many demerit points (if you are a provisional or learner driver)
- For driving with an illicit substance present in your blood, oral fluid, or urine
- For driving with a low, special or novice range prescribed concentration of alcohol
How do I appeal?
Police suspension
You are required to file your appeal within 28 days of the date that the police suspended your licence.
Transport for NSW
You must file your appeal before the licence suspension commences.
In order to file your appeal, you will need to lodge an application at your Local Court Registry.
In most circumstances, you will be able to continue driving until your appeal is heard. Be sure to speak with an experienced lawyer before you commence driving.
What the Court can decide
The Court has three options in dealing with your appeal:
- 1. Allow the appeal – Your suspension is lifted, and you retain your licence.
- 2. Vary the suspension – Your suspension period is reduced.
- 3. Dismiss the appeal – The original suspension remains, and you must serve it in full.
Challenging a licence suspension successfully requires a thorough understanding of NSW traffic legislation and court procedure.
At Tempus Law, our experienced traffic lawyer appears regularly in Local Courts across NSW, representing clients who wish to appeal against licence suspensions. We can:
- Assess your eligibility to appeal and the strength of your case,
- Prepare submissions, evidence, and character references to support your appeal,
- Advocate on your behalf in court to present your case clearly and persuasively.
What we offer
Strategic Criminal Defence Backed by Experience
Speeding related offences
Driving whilst suspended or disqualified
Dangerous driving
Negligent driving
Hoon offences
Reckless driving offences
Licence appeals and appeals against immediate licence suspensions.
Licence Suspension Appeals Frequently Asked Questions
When do I have the right to appeal a licence suspension?
In NSW, you can appeal against a licence suspension if it was issued by Transport for NSW (TfNSW) for speeding (more than 30km/h or 45km/h over the limit) or by an NSW Police Officer via an immediate "on-the-spot" suspension. Provisional (P1 and P2) and Learner licence holders also have the right to appeal suspensions for exceeding their demerit point threshold. However, unrestricted licence holders generally cannot appeal a suspension solely for demerit point accumulation; they must instead consider a "good behaviour" election if eligible.
What is the difference between a TfNSW suspension and a Police suspension?
The process and status of your driving privileges differ depending on who issued the suspension:
- Transport for NSW (TfNSW): These notices usually arrive in the mail after a fine has been paid. Once you file an appeal, the suspension is typically "stayed" (paused), meaning you can continue to drive until your court date.
- Immediate Police Suspension: These are issued on-the-spot for serious offences like high-range drink driving or extreme speeding. Filing an appeal does not automatically stay these suspensions; you remain off the road unless the Court specifically makes a "stay order" in exceptional circumstances.
What are the strict time limits for lodging an appeal?
Time is critical in licence matters. You must file your appeal within 28 days of receiving the notice or being suspended by Police. For TfNSW notices, it is highly recommended to lodge the appeal before the suspension start date specified in the letter to ensure you can continue driving legally. If you fail to lodge within the 28-day window, the Local Court has no jurisdiction to hear the matter, and you will be forced to serve the full suspension.
What must the Court consider when deciding my appeal?
The Court does not have a single rigid test, but typically considers whether you are a "fit and proper person" to hold a licence. The Magistrate will weigh several factors, including:
- Your overall driving history and traffic record.
- Your demonstrated need for a licence (for employment, family commitments, or health reasons).
- The circumstances of the offence that led to the suspension.
- Any potential danger to the community if you are permitted to continue driving.
What are "exceptional circumstances" for Police suspensions?
For an immediate Police suspension, the legal threshold is much higher. The Court cannot lift or vary the suspension unless it is satisfied that "exceptional circumstances" exist. These are circumstances that are extraordinary, unusual, or clearly distinguishable from a typical case.
What are the possible outcomes of a licence appeal?
After hearing submissions from you (or your lawyer) and the Police/TfNSW prosecutor, the Magistrate has three primary options:
- Allow the appeal: The suspension is set aside entirely, and you retain your licence.
- Vary the suspension: The original suspension period is reduced (for example, from 3 months to 6 weeks).
- Dismiss the appeal: The appeal is rejected, and you must serve the full suspension period as originally imposed.
Can I appeal the Magistrate's decision?
No. The decision made by the Local Court Magistrate on a licence appeal is final and binding. There is no further right of appeal to a higher court if you are unhappy with the result. This is why it is vital to have a strong, well-prepared case before your first and only appearance.
How can I strengthen my case for Court?
Preparation is key to a successful outcome. You should gather supporting evidence such as:
- Character References: Written testimonials from employers or respected community members.
- Employment Evidence: A letter from your employer explaining why your job depends on your ability to drive.
- Medical Proof: Documentation if you are a carer or have health issues requiring a car.
- Intervention Programs: Completion of the Traffic Offender Intervention Program (TOIP) can demonstrate remorse and a commitment to safer driving.
Do I risk a criminal record by appealing?
Generally, no. A licence suspension appeal is a civil/administrative matter, not a criminal trial. Appealing the suspension itself does not carry the risk of a criminal conviction or an additional fine. However, if you chose to "court elect" the original ticket (to dispute the fine or the guilt of the offence), that is a separate criminal proceeding where a conviction could be recorded.
DON'T RISK YOUR LICENCE OR YOUR
LIVELIHOOD.
We take a practical, results driven approach. Helping you understand your options,
preparing a compelling case, and representing you in court.
Contact us today for expert traffic law advice.
Contact us!
Fair Fees. Flexible Options.
Real Support.
Expert Legal Services Across All NSW Courts.
Get in touch today to discuss how we can help, on your terms.