If your licence has been suspended by the RMS or police, and you want to elect to take the matter to court, you have the right to appeal the suspension at a local court to either reduce the suspension period or get your licence back. Appealing a suspension is known as a driver licence appeal.
The following decisions can be appealed:
· Where you hold a full licence and wish to plead ‘not guilty’ to the offence that caused the demerit points suspension
Police decisions that result in suspending your licence on the spot such as:
– Burnout
– Street racing
– Mid or high range drink driving
– Driving under the influence (DUI)
– Speeding
RMS decisions that result in a licence disqualification such as:
– An RMS decision to suspend your licence for speeding by more than 30 kph or more than 45 kph
– An RMS decision to suspend a provisional (red or green P) licence due to loss of demerit points
-Where you have entered a plea of guilty to an offence that caused the loss of demerit points.
You cannot appeal a decision to suspend full licence holders for loss of demerit points, a decision to suspend an interlock drivers’ licence or where you are on a good behaviour licence and you accrue further demerit points
Considerations for the Court
The court has the power to consider a wide range of circumstances when deciding whether to uphold or refuse your appeal. These include the offence, your character, your age, your driving record, your need for a licence, paying the fine incurred as a result of the offence, steps you have taken to accept responsibility for example if you have completed a Traffic Offenders Intervention Program (TOIP)
If you are applying to the Court for a licence appeal then it is worth gathering the following material to assist in your appeal; character references, letter of remorse, any relevant documents to show reasons why you would need to drive such as employment or caregiver, certificates of completion of any traffic offenders intervention program. These documents give the court more insight and reasons for your appeal.