The police can suspend your drivers licence on the spot for certain offences.
You can appeal against this suspension. However, is very difficult to get your licence back if it has been suspended by Police.
For a free and honest appraisal of your chances or appealing your suspension contact us.
Why has my licence been suspended by police?
Most likely because you have committed a serious driving offence. The most common are:
- Drink driving (e.g. Low, Mid or High Range PCA);
- Drug driving offences (e.g. driving under the influence of drugs);
- Speeding by more than 45kph;
- Learner or provisional licence holder speeding by more than 30kph; and
- Street racing or aggravated burnout.
What does this paperwork mean?
The police have issued you with either:
- A “Notice of Suspension and Demand for Surrender of Drivers Licence” or
- A “Notice of Suspension of Authority to Drive in NSW”.
The notice will tell you the duration of your suspension. The suspension is usually for either 3 or 6 months, depending on the offence.
The suspension takes effect as soon as the notice is given to you.
Is there any way to get my licence back?
You can appeal to the Local Court against the suspension.
The magistrate will listen to your side of the story and decide if the suspension should or should not be lifted.
If a police officer has decided that you have done something so dangerous that your licence ought to be taken from you on the spot, then a magistrate can only set aside this decision if they find exceptional circumstances justifying its removal.
This “exceptional circumstances test” is a high bar to reach- simply needing your licence for family or work purposes is generally not enough to get your licence back.
Generally, the Court requires either a very unusual situation, or a combination of factors which together make the case unusual to lift an immediate police suspension.
Our advice is usually that unless your circumstances are truly exceptional, paying for a lawyer to represent you for a police suspension appeal is not often worth it as your chances of success will not be high.
If you feel that your situation is exceptional or would like personalised advice about immediate police suspension appeals, please contact us on 0416 224 601 to arrange a paid consultation.
What do I need to prove to win my appeal?
A magistrate is only allowed to grant your appeal if they are satisfied that there are exceptional circumstances justifying it.
This is a very high threshold.
It means that the normal reasons for needing a licence – e.g. work and family commitments – are not usually enough by themselves. Normally the Court requires either a very unusual situation, or a combination of factors which together make the case unusual.
Call us for a personalised assessment of whether your circumstances meet the threshold.
Does anyone succeed in appealing police suspensions?
Yes. Even though the test is difficult, it is not impossible.
We have helped many people to successfully appeal their immediate police suspensions.
We find that the key to success is to take the time to really learn about our clients. Often there are many factors in a person’s life that can add up to exceptional circumstances. By asking lots of questions and really listening, we will identify any factors that may assist your case and work out how best to present your matter to the Court.
Call us for a personalised assessment of whether your circumstances meet the threshold.
Can I keep driving until my Court date?
No. An immediate police suspension remains in place until the Court makes its decision.
