Exceeding the Speed limit by more than 30 kilometres or more than 45 kilometres an hour:
If you have been caught speeding over 30 kilometres an hour of the designated speed limit, there is a three month licence suspension. If you are caught driving over 45 kilometres an hour of the designated speed limit, then a six month licence suspension is imposed.
There are two ways that you may have been caught speeding. The first is by an actual police officer or highway patrol. You are usually issued with a penalty on the spot by the police officer.
The other way is through fixed speed cameras. The use of these cameras has increased in recent times and you may have noticed them around when you were driving. These speed cameras have been faulty in the past. If you have received a penalty and do not recall speeding at all, it may not be fairly imposed. Sometimes there are problems with the calibration of the cameras. Sometimes there are other technical problems.
If you have received such a penalty, you may not be guilty. If you wish to contest it or you are seeking legal advice, ring the experts. Antwan Lawyers can assist you with sound legal advice about your rights and your responsibilities in accordance with the Law.
An on the spot licence suspension for exceeding the speed limit by more than 45 kilometres an hour:
If you exceed the speed limit by more than 45 kilometres an hour a Police Officer has the power to give you a suspension notice which will suspend your licence for six months.
What can I do?
If you have been issued with a speeding fine from a police officer, you may be able to appeal the decision to suspend your licence. An appeal to the Local Court is required to be filed by you electing on the back of the penalty to go to court. You have 28 days after the suspension notice to appeal the decision.
When the matter comes before the court, the Court will take into account a number of factors including:
- The evidence;
- Your need for a driving licence for work or to get to regular medical appointments etc.
- Any other matter the court feels is relevant.
It s important that you have the best possible legal representation when the matter comes before the court so that your case can be put forward to the court with the view of achieving the best possible result for you. At Antwan Lawyers, we pride ourselves on good advice and solid positive results from appeals.
Suspension of a Provisional Licence for demerit point loss:
Provisional licence holders P1 (Red P Plate) cannot exceed the loss of 4 demerit points and P2 (Green P Plate) licence holders 7 points. If a Provisional Licence Holder exceeds the prescribed amount of points, the RMS may suspend their licence.
What can I do?
If you are guilty of any of the above you may be able to appeal the decision to suspend your licence issued by the RMS. Usually, the RMS will write to you and inform you of their decision to suspend your licence. You must appeal the decision within 28 days of the date of the letter received from the RMS. The appeal usually takes place in a local court. When the matter comes before the Court, the Courts will take into account a number of factors including:
- Any extenuating circumstances which lead to your excessive speed;
- Your previous good driving record and/or good character; and
- Your need for a driving licence for work or to get to regular medical appointments etc.
You have 28 days after being notified by the RMS to appeal their decision.
Local Court Magistrates see many people everyday who are facing licence suspension. An experienced lawyer at Antwan Lawyers will be able to prepare your case effectively so that you receive the best possible result from a court appeal. It is best to give a lawyer time to prepare your case rather than seeking legal advice days/hours before your matter is to be heard. Call Antwan Lawyers today for assistance with your RMS matter
Appealing a habitual offender driving suspension
In October 2017, new laws came into effect which abolished the habitual offender scheme in NSW. This means that habitual offender declarations can no longer be made.
However, any pre-existing declarations remain effective for those who may have been declared habitual offenders before the commencement of the new laws.
What is a habitual offender declaration?
An habitual offender driving suspension was imposed for accumulating three convictions for serious offences within a period of five years. This is usually done by the RMS.
The list of serious offences includes:
- Driving at a dangerous speed or in a dangerous manner;
- furious driving;
- reckless driving;
- negligent driving where death or grievous bodily harm is occasioned;
- drink and drug driving offences; an
- driving whilst disqualified
What can I do?
The Road Transport Act 2013 (NSW) now provides a mechanism for habitual offenders to apply for the removal of disqualification periods where:
- The remaining disqualification period relate to a habitual offender declaration; and
- The driver has not committed a traffic offence for at least 2 years. A habitual traffic offender declaration can either be quashed (dismissed altogether) or reduced by the Court.
How do I apply?
Your application must be filed in a NSW local court pursuant to Section 221B of the Road Transport Act 2013 (NSW).
You also need to attach an up to date driving record.
What will the Court consider?
(a) the safety of the public,
(b) the applicant’s driving record (including the record before the relevant offence-free period and the record for driving offences and other offences under the road transport legislation and for pending proceedings for alleged driving offences),
(c) whether the applicant drove or was in a position to drive a vehicle during the relevant offence-free period,
(d) any relevant conduct of the applicant subsequent to the licence disqualifications,
(e) the nature of the offence or offences giving rise to the licence disqualifications,
(f) any other relevant circumstances (including, without limitation, the impact of the licence disqualifications on the applicant’s capacity to carry out family or carer responsibilities or on the applicant’s capacity to travel for the purposes of employment, business, education or training, the applicant’s health and finances and the availability of alternative forms of transport),
(g) any other matter prescribed by the statutory rules.
How can Antwan Lawyers help you?
Antwan Lawyers can assist with applications to the Local Court to appeal a habitual offenders declaration by the RMS. We can prepare your case and ensure that the Magistrate dealing with your appeal has all the relevant information about your case, character and your need for a licence when considering your appeal.
Contact Antwan Lawyers today to protect yourself and your license on
1300 268 926.