Suspended Licence

  • Overview and Examples
  • What You Need To Know
  • Specialising Lawyers
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Overview

Suspended Licence

There are many reasons why someone may have their drivers licence suspended. If the driver is guilty of a serious traffic offence or driving offence, police can immediately suspend a drivers licence. Alternatively, it can be suspended if the driver has exhausted their demerit points over the prescribed period.

Understanding the specific terms of a licence suspension period is important for you in order to obey the terms detailed in your penalty notice or to dispute the suspension properly. Whether it is a demerit point suspension after reaching the demerit point limit or a direct result of certain driving offences, each situation requires an expert and nuanced approach. An honest and reasonable mistake defence may be available in some cases, but it is essential to seek legal advice from Brydens Lawyers to explore any other potential defences, thoroughly.

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What You Need To Know

What Is Your Next Step Once You Have Been Charged With The Offence?

It is important to note that during the period of the suspension, you are prohibited from driving a motor vehicle on a public road regardless of the reason for the suspension. Driving a vehicle with a suspended licence would constitute a serious offence and can incur harsher penalties. To review your case properly and explore possible appeal options or disputes that may be available, contacting Brydens Lawyes is your next step.

The appeal process can be complex, involving submissions to the Local Court and possibly the Fines Enforcement Registry. Having a clear understanding of your driving record, the traffic offences in question, and the specific circumstances leading to the suspension or disqualification period, is vital. This is where Brydens Lawyers experienced team can assist you and provide essential legal advice and representation to ensure the best outcome for your case.


What Are You Able To Appeal?

If your licence is suspended, then in some circumstances, an appeal can be made from that decision to the Local Court. The following decisions made by either the Roads and Maritime Services (RMS) or the police are examples of decisions that can be appealed:

  • Exceeding the speed limit by more than 30 or 45 kilometres per hour.

  • Loss of demerit points for a P1 or P2 provisional driver.

  • A decision by the police to suspend a license for exceeding the speed limit by more than 45 kilometres per hour.

However, there are certain decisions of the RMS or the police to suspend a driver's licence which cannot be appealed.


When Should You Consult A Lawyer?

Strict time limits apply with respect to the lodgement of any appeal from a suspension of a drivers licence. You only have 28 days after receiving any correspondence from the RMS in which to lodge the appeal.

If you do not lodge the application within time, you will be precluded from having your appeal heard by the Court and the suspension will have to be served.

The complexity of traffic law and the significant impact of a licence suspension on your daily life, can be a stressful process. Brydens Lawyers are well versed in the intricacies of traffic offences and licence suspensions and can assist you with navigating the legal system or advocate on your behalf. We provide comprehensive advice on the appeal process, demerit points and potential for reducing or overturning your suspension. Our goal is to ensure that your rights are protected and to strive for the best possible outcome in your case.

Contact Brydens Lawyers online or call 1800 848 848 today.

Testimonials

In January I lost my license for 6 months due to a medical condition. I got in contact with Avinash Singh from Brydens Lawyers, straight away Avinash put me at ease. Within a week my license was renewed, and I was able to drive again. I was so impressed with the dealings I had with Avinash and Brydens Lawyers, I wouldn’t hesitate to use them again or recommend them to my family of friends.

Andrew Johns of the NRL

Avinash made us feel at ease and has taken the stress from us. Today I can say we are much happier as a family and we have our son back.

A client of our Criminal Law division

Meet the team that specialise in

Criminal Law

Meet the Team
Bandeli (Lee) Hagipantelis
Bandeli (Lee) Hagipantelis

Principal

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William Del Din
William Del Din

Senior Associate, Practice Group Manager – Criminal Law Division

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Suzette Pereira
Suzette Pereira

Senior Lawyer

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