The Roads and Maritime Service (RMS) has the power to suspend driving licences in certain circumstances. If your licence is suspended by the RMS for speeding by more than 30 kilometres per hour, or loss of demerit points if you are a provisional licence holder, you can appeal the suspension to the Local Court.
The Court does not determine guilt or innocence at the appeal. It determines whether the suspension should be upheld or whether the appeal should be allowed. In making this decision the Court will take into consideration the following:
- the circumstances of the offence, for example where you were driving from and where you were going, how you came under notice, why you were speeding;
- your traffic record, for example how long you have been driving for and if you have committed any prior offences; and
- your need for a licence for example if you will lose your job if you lose your licence, or if a sick relative is reliant upon you to drive them to medical appointments, or no availability of public transport.
To support your application we recommend:
- obtaining a reference from your employer, or someone who has known you for a lengthy period, attesting your good character; and
- attending the Traffic Education Program conducted by the PCYC. This program is designed to increase participants’ awareness of their obligation as road users and the consequences of dangerous driving in the hope that it will reduce the rate of reoffending.
If you need advice and / or representation for a traffic matter, the solicitors at Everingham Solomons can assist you because Helping You is Our Business.
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