If you need to launch your license appeal it can be quite daunting if you’ve never done it before. So what I wanted to do today was run you through the process, start to finish, of what you need to do to have a successful license appeal in New South Wales.
The first step is to work out whether yours is the kind of suspension that can in fact be appealed because not all of them can. The main ones you can appeal are P1 demerit points suspensions, P2 demerit points suspensions, and excess speed suspensions for over 30 or over 45 kilometres per hour. Normally the letter that RMS has sent you will tell you whether yours is a case you can take to court or not.
The next step is to actually launch your appeal. That’s pretty straightforward: it’s all done online now through the New South Wales local court online registry. The link should be in the letter that RMS sent you about the suspension. Once you’ve got your paperwork submitted, you’ll get an email from the court telling you when your case is on.
The next step is where the work really starts. We have to think about our preparations for the court case and most importantly what are we gonna say to the magistrate and what evidence can we get to back it up. Think about things like what impact will the suspension have on you, and also are there any extenuating circumstances around the offences themselves.
Once you’ve done that, think about what evidence you can get. So, for example, if you need your licence for your work, get a letter from your boss. If you’ve got a medical condition, speak to your doctor and get a letter from them. If there was something unusual about the reasons for your committing an offence, think about whether you have any documents or other proof that confirms that.
We also recommend that people complete the traffic offenders program. This is a driver education course where you’ll hear about different reasons for road safety and what can go wrong when people aren’t careful enough. It’s something that the magistrates give you credit for and will usually be more lenient once you’ve completed it. There’s a number of providers, you can do the courses face-to-face, some even offer online sessions now. There’s a list of approved providers on the local court website so have a look and pick the one that suits you best.
The final step is going to court and presenting your case. You’ll need to bring along all the evidence that you’ve prepared and be ready to explain to the magistrate why you should keep your licence.
Finally, if you think you need a little bit of help along the way, having a traffic lawyer run your case for you can make your life much easier. At Ainsley Law, we’re very experienced in license appeals and we’re always happy to help. Give us a call and we’ll have a chat!
