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An immediate police licence suspension is very different to an RMS licence suspension. They are issued on the spot by police only in certain circumstances. Appealing against an immediate police licence suspension is also much more difficult than an appeal against an RMS licence suspension and the test is a lot higher. Despite this, we have a proven track record of success with these cases. You can see our recent results for licence appeals.
In certain circumstances New South Wales Police may issue an immediate suspension notice. If you intend to appeal the suspension it is important that you seek expert legal advice. The test applied by the court in these matters is much higher than in RMS licence suspension appeals.
It is also important to act quickly as there are limited time frames to lodge an appeal. Astor Legal can help you appeal immediate police suspensions. We are traffic law experts and regularly appear in licence suspension appeals in courts all over New South Wales.
The decision of the court in these appeals is final and cannot be appealed any further. Make sure you give yourself the best chance of success and contact us today.
Police can immediately suspend your licence if you have been charged or issued with a penalty notice for the following offences:
Immediate police suspension appeals must be filed within 28 days. The 28 day period begins on the day that police serve the notice. If you attempt to file an appeal outside of the 28-day time frame, it will most likely be rejected.
If you are able to file the appeal, the court may determine that it has no jurisdiction for the court to hear the matter and dismiss your appeal.
The licence appeal process can be a difficult one if you are unprepared. It can be broken down into the following steps:
There is no avenue of appeal if you are unhappy with the court’s decision. Retaining a lawyer to assist you with your appeal will help to give you your best chance, in all of the circumstances.
A court cannot allow an appeal against an immediate police suspension unless they are satisfied that there are exceptional circumstances for doing so. Courts have interpreted exceptional circumstances to be something that is extraordinary, unusual, and distinguishable from ordinary cases. Exceptional circumstances can be made up of one single factor, or a combination of factors.
Exceptional circumstances cases have consistently held that loss of employment, inconvenience, and lack of access to public transport are common to almost all licence suspensions and are not exceptional. The law also prohibits the court from taking into account the circumstances of the offence which has resulted in the immediate suspension of your licence.
The bottom of this page contains some successful cases where the court was persuaded that exceptional circumstances existed.
The Local Court has ability to exercise the same powers that the police had when they made the decision to suspend you. The 3 main outcomes of a licence appeal are:
You will be required to serve the period of suspension indicated on your notice of suspension. This will be either 3 months, 6 months, or until your matter is heard and determined by a court.
Remember, there is no avenue of appeal if you are unhappy with the courts decision. Retaining a lawyer to assist you with your appeal will help to give you your best chance, in all of the circumstances.
Astor Legal are experts in traffic and criminal law. All of our lawyers are experienced in immediate police licence suspension appeals. Our lawyers will take the stress out of an unfamiliar and complex process. We will work with you to prepare your matter and then represent you in court. We ensure that every relevant matter is brought to the attention of the court to maximise the likelihood of a successful appeal. Take advantage of our obligation-free case assessment and find out how we can get the best outcome for your matter.
Our client was suspended on the spot by police for 6 months for exceeding the speed limit by more than 45km. The client had lodged their own licence appeal, and we only had a very limited period of time to help them prepare for court.
In order for the court to allow an appeal of this kind, they must find that there are exceptional circumstances requiring a licence. Exceptional means not ordinary. It also means that needs for a licence are the primary consideration, not the reason for the speeding. Legislatively, the court cannot take reasons for speeding into consideration.
In this case, our client had a disability which meant he required a wheelchair or disability scooter. Our client did not have the ability to lift himself in or out of a wheelchair alone and his workplace did not have an appropriate toilet facility.
The client lived 30 minutes from work by car and was the main breadwinner in his household. His wife did not have a driver’s licence so she could not take him to and from work or assist in the event of a medical emergency.
Our lawyer assisted the client to prepare subjective material which outlined our client’s specific and exceptional situation. Our lawyer also made submissions on the client’s behalf at the hearing of the appeal. Ultimately, the appeal was allowed and our client’s licence was able to be returned to him.
Our client was a 42-year-old bus driver.
He was stopped by police and issued with an immediate police suspension for 6 months for exceeding the speed limit by more than 45km.
We explained the exceptional circumstances test to the client and began assessing his circumstances to see how we could satisfy the test.
In this case, we focussed on a combination of factors being our client’s need for a licence as a bus driver, that he was required to pay child support and his estranged wife and child would suffer if he remained suspended, that he had a home loan which ne needed to repay, that his children had special needs and he was required to transport them and that he lived in a semi-rural area.
Our lawyers assisted the client in preparing subjective material which provided evidence of the factors which we relied on to satisfy the exceptional circumstances test.
At Court we made lengthy submissions. Despite strong opposition from the prosecution and initial reluctance from the Magistrate, we were able to persuade His Honour to allow the appeal.
As such, our client is able to drive again and the immediate police suspension was revoked.
Our client is a 23 year old University student who also works part-time as a pizza delivery driver.
He was stopped by police when they clocked him travelling at 155km/hr in a 60km/hr zone. This is well over double the speed limit.
He was issued with an immediate police suspension notice for a period of 6 months.
Our client’s traffic record was not good. He had a number of prior speeding offences on his record.
He informed us that he needed his licence for his pizza delivery job, as that was his only source of income.
We began by providing him with our character reference and apology letter guide as well as referring him to the 6 week PCYC Traffic Offender Program.
As we explain in our traffic sentencing guide, this course is more intensive than the regular 2 day course.
To lift or vary an immediate police suspension, one is required to show that ‘exceptional circumstances’ exist.
In Court, the Magistrate dismissed a number of other licence appeals which involved far less serious examples of speeding.
However, our specialist traffic lawyers were able to persuade the Magistrate that it was appropriate to reduce the suspension from 6 months to ‘time served’.
This meant that our client could continue immediately reapply for his licence and recommence his job.
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