LICENSE APPEALS

RTA License appeal

The RTA will notify you of your suspension by mailing you a Notice of Suspension or Refusal. The notice will specify the date of the suspension or date refusal is to begin. Upon receipt of this notice, it is important that you lodge your appeal on their decision within 28 days. The Local Court can assist you in completing the appeal documents or you can contact our office for assistance. Upon lodging these documents, you will be given a Court date where you can have your appeal heard before a Local Court Magistrate. You may drive up until the date that your appeal is heard.

After hearing an appeal on a decision by the RTA, the Local Court will either allow your appeal (which means that you keep your license), disallow your appeal (RTA suspension period confirmed) or reduce the suspension period (to a time period considered appropriate by the court).

Decisions that can be appealed include:

• A decision by the RTA to suspend your license for exceeding the speed limit by more than 30 or more than 45 kilometres an hour is appealable in the Local Court.

• There is also a right to appeal a decision by the RTA to suspend a P1 or P2 provisional driver’s license for loss of demerit points.

• The Local Court also has the scope to hear an appeal on a decision by the Ppolice to suspend your license (on the spot) for exceeding the speed limit by more than 45 kilometres an hour.

Decisions of the RTA that cannot be appealed include:

• RTA decision to suspend an unrestricted drivers license for loss of demerit points

• RTA decision to suspend an interlock drivers license

• Breach of good behaviour bond resulting in loss of license.

Note: Where there is no right of appeal, you may decide to elect for the court to hear your matter by not paying the fine and elect to have the matter dealt with by the court. If the court either dismisses your offence because it finds you not guilty or if the court decides to use its discretion and deal with your offence under section 10 of the Crimes (Sentencing Procedure) Act, you will be able to keep your license as there will be no resulting loss of points.

Ms. Trimmer of our office is experienced at making submissions on RTA license appeals. Her submissions are detailed and cover areas such your traffic record, your need for a license and the circumstances of the offence. She has had great success in making RTA license appeals. Please contact our office on (02) 9249 7375 or Ms. Trimmer can be reached directly on 0416 145 242.

Severity Appeal:

A severity appeal is an appeal against the penalty imposed at the Local Court. This means that in the event that you are unhappy with the sentence in which you have received in the Local Court, you have 28 days to appeal this decision to the District Court.

District Court appeals are ordinarily very detailed compared to Local Court pleas. However, at Trimmer Criminal Defence Lawyers, we believe that meticulous and over-preparation in the Local Court plea quite often reduces our need to appeal the Local Court’s decision. We practice exclusively in criminal and traffic matters and for this reason, we are more often than not able to obtain good results for our clients.

All Grounds Appeal:

An all grounds appeal means you are challenging the conviction itself, that is, the finding of guilt by the Magistrate in the Local Court. There is an automatic right of appeal from the Local Court to the District Court in criminal matters. Except in exceptional circumstances where leave is granted, an all grounds appeal will be heard by reviewing the transcripts and examining the exhibits from the Local Court proceedings.

As you only have 28 days to lodge an all grounds appeal from the Local Court, please contact our office on (02) 9249 7375 to discuss your prospects of success.

Habitual Offender Declaration

In 1998 the NSW Government passed legislation in attempt to keep certain habitual offenders off the road and make it safe for other road users. While the legislation was initially introduced to combat the “hardcore hoons” on the road it has inadvertently caught many other members of the public in its web causing people to lose jobs resulting in an effect on families, particularly single income ones. We can assist in helping reduce or even quash a habitual driver declaration.

What is a Habitual Offender?

A habitual offender is one who has been convicted of three relevant offences within 5 years and the effect of the declaration is that the offending driver will be subjected to a further 5 year disqualification period at the end of their existing disqualification period. Section 198 of the Road Transport (General) Act 2005 sets out those offences used in determining if one is to be declared a habitual offender.

When the third “major offence” in a five year period conviction occurs, being declared a “habitual traffic offender” is automatic. What we can do is appeal immediately for this to be quashed (or reduced from 5 to 2 years).

An RTA notification will be sent to the offending driver after the imposition of the third major offence disqualification period informing them of the declaration and further suspension including the date it is to start.

The decision on if a declaration is quashed generally depends on the effect of the declaration on the offender.

For example:

• If the declaration and further suspension affects your ability to be employed, i.e. you need a licence to maintain your employ; or

• There are health conditions in your family requiring urgent medical attention or transportation; or

• There is little or no public transport available to the area your live in.

As a part of quashing or reducing a habitual traffic offender declaration the court may require the offender to participate in a Traffic Offenders Program.

Applications to have habitual traffic offender declarations quashed are subject to certain time limitations which vary depending on circumstances. Be sure to have all your information on previous offences available when seeking advice on any traffic offences.

Ms Trimmer of our office has a significant amount of experience and success is applications before the court to quash Habitual Offender Declarations. Ms. Trimmer can be contacted by calling our office on (02) 9249 7375 or directly on 0416 145 242.