Losing your licence can have detrimental affects on yourlivelihood and your family. Depending on the offence that lead to you losing your licence, there may be a way to appeal the decision and potentially get yourself back behind the wheel. In this article, we’ll discuss the steps associated with appealing your licence suspension.
Acquiring and Filling Out Your Appeal Form
If you are appealing against the decision of the police to suspend your licence, you will need to acquire a simple form from the RMS, previously known as the Roads and Traffic Authority (RTA). These forms can be found at a local court, the local court website or through the NSW Supreme, District and Local Court online registry.
Fill out the appeal form clearly and thoroughly. You can file your application at any local court registry for a fee of $93.00. These forms can also be completed and filed online.
Preparing Documentation
It is a requirement to provide evidence as support of your appeal. A court may decide to grant your appeal appeal suspension if:
- You are of good character – in this case, have two or three people write character references for you
- You need your licence for work or family reasons – provide the Magistrate with a letter from your employer, proof of being someone’s carer or evidence of a lack of public transport to suitable child care
- You can provide proficient reasoning as to why the court should overturn the suspension
When attending court, take the original documents with you and make multiple copies of each. The original will be taken by the court, one copy will go to the prosecutor, one is for your personal records and it is wise to have a spare.
Attending Court and Presenting Your Case
When you file your appeal form, you will be assigned a court date – this could be weeks or months into the future and take a number of hours so prepare arrangements with work and/or childcare for the entire day.
Be thoroughly prepared and plan to arrive half an hour early. If you are running late, call the registry to inform them as the case could be decided without your attendance
Stand when your name is called, you will be directed to the bar table and the Magistrate may ask for your supporting documentation – give these to the court officer. The Magistrate will ask you to present your case, begin by explaining:
- Your driving history
- Reasons why you need your licence and if there is a risk of you becoming unemployed
- Any hardships you will suffer without your licence
- Any hardships someone else may suffer (such as children) if you are without your licence
- Your public transport situation
- Your character
Once the Magistrate has heard from the prosecutor and yourself, they will make their decision. This decision is final and cannot be appealed further.
The Importance of Legal Advice
It is wise to consult a lawyer before making the decision to appeal your suspension as there can be surprise costs involved should you be unsuccessful. DBG lawyers can give advice regarding your documentation, advise you of any exceptional circumstances in your case and walk you through every possible outcome.
DGB Lawyers provides court representation and legal consultations for traffic law matters in Wollongong. To discuss your circumstances and begin the process of appealing your licence suspension, contact DGB Lawyers online or call 02 4243 8930.