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Excessive speed licence appeals

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton

If you have been caught speeding in excess of 30 kilometres per hour the RMS (RTA) will suspend your driver's licence for at least 3 months.

By making a licence appeal, you may be able to reduce the suspension period, but it's important to take the right steps.

So what can I do about my licence suspension?

If you believe that you were not speeding or doing the speed alleged by the police, you can plead not guilty.  It may be difficult to defend a case against the police, especially if the police used a Lidar speed measuring device.  It is much easier to defend a case involving other speed measuring devices.  If the court finds you guilty, generally the penalty will be greater than if you pleaded guilty.

If you admit speeding, it is better to pay the fine and wait to receive a letter from the RMS (RTA) advising you of their intention to suspend your licence.  Once you receive this letter, lodge an appeal against the suspension.  This is better than filling out the back of the ticket and electing to have the matter heard by a court for the following reasons:

  • If you fill out the back of the ticket and elect to have the matter heard at court, the court has only 2 options,  either:.
    1. They convict you.  If you are convicted the court MUST disqualify you for at least 3 months (for exceeding the speed limit by 30 kilomtres per hour) and a least 6 months (for exceeding the speed limit by 45 kilomtres per hour). The court does not have the power to reduce the respective periods of disqualification.
    2. Dismiss your case under section 10 Crimes (Sentencing Procedure) Act.  If the court dismisses your case under section 10 Crimes (Sentencing Procedure) Act there will be no disqualification of your licence.
  • If the court does dismiss your case under section 10 Crimes (Sentencing Procedure) Act the RMS (RTA) may still choose to impose the 3 or 6 month suspension.
  • If you pay the penalty notice and then lodge an appeal, the court has the power to reduce the suspension period from 3 or 6 months down to 1 day.
  • The court is more likely to allow an appeal (because you have already paid the fine and received the demerit points) than dismissing your case under section 10 Crimes (Sentencing Procedure) Act (imposing no penalty for the offence).

We have been successful on many licence appeals  and would be happy to advise you on how you can improve your chances on appeal.


where to next?

In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.

Why Choose Armstrong Legal?

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