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Licence Appeals
There is no doubt that our driver’s licences play a critical role in our day to day lives; we need them for everyday commitments associated with our employment and family support; however, they are not a given right and you’re driving privileges can be taken away from you if and when your licence is suspended.
We have appeared at countless licence appeals across NSW and have successfully persuaded the court to uphold the appeal; if you are considering appealing a licence suspension contact Istifan Defence Lawyers now.
What Is A Licence Appeal
A licence appeal is an avenue available in most (not all cases) that allows a person facing a licence suspension to have their matter considered in the Local Court with the goal of the court removing or varying the period of the suspension.
What Are The Main Types Of Suspensions That Are Appealed
Demerit Point Appeals
Transport for NSW may suspend your licence if you exceed the maximum demerit points permitted for your class of licence.
You will typically receive a letter providing notice of their intention to suspend your licence in advance of the suspension period commencing; this letter will usually contain a deadline to appeal the suspension and the steps required to appeal the suspension.
If you receive this notice and need legal advice, contact us as soon as possible to increase your chances of success.
Immediate Police Suspension Appeals
In some instances, NSW Police will suspend a driver on the spot at the time of the offence being committed, this typically occurs with offences such as drink driving, for more information about drink driving view our page exclusively about this offence.
These immediate suspensions can be appealed if the appeal is lodged in the appropriate form and within the required time frame.
These appeals are more difficult that other types of appeals as the court must be satisfied that ‘exceptional circumstances’ exist to uphold the appeal.
Istifan Defence Lawyers has appeared in NSW in relation to immediate police suspension appeals and we have successfully convinced the court to allow the appeal.
To maximise your chances of appealing an immediate police suspension contact us today.
Speeding Related Suspension Appeals
In NSW some speeding related offences warrant not only an immediate police suspension but in some instances a suspension by Transport for NSW.
You will typically receive a letter providing notice of their intention to suspend your licence in advance of the suspension period commencing; this letter will usually contain a deadline to appeal the suspension and the steps required to appeal the suspension.
If you receive this notice and need legal advice, contact us as soon as possible to increase your chances of success.
What Are The Next Steps Once I Receive A Suspension Or Notice Of Suspension?
It is critical that as soon as you receive a suspension of notice of intention to suspend your licence you should contact a lawyer who specialises in these types of appeals such as Istifan Defence Lawyers to ensure that your appeal is prepared in a way that maximises your chances of a successful appeal.
Once the appeal is lodged, we will work with you to meticulously prepare your case, guiding you in preparing your evidence while formulating robust submissions for your day in court.
What Happens At Court?
At court we will present your evidence and make submissions in support of the appeal, once the court has had the opportunity to hear your case they will either:
- Set aside the suspension (allow the appeal).
- Uphold the suspension (dismiss the appeal).
- Vary the suspension.
What Happenes To My Licence While I Am Waiting For My Appeal To Be Determied?
In most cases upon proper filing of the appeal your licence suspension in stayed and you can continue driving until your matter is determined at court, however this is not the case with all appeals for E.g. immediate police suspensions: it is critical you contact a lawyer or Transport NSW to be properly advised as to the status of your licence as driving while suspended is s serious offence and carries pentiles including terms of imprisonment, for more information about driving while suspended view our page exclusively about this offence.
If you have been suspended by NSW police or have received a notice of suspension, contact us today for a free consultation.
We offer Fixed Fee agreements for licence appeals and have appeared at countless appeals across NSW.