Losing your driver’s licence is a terrible place to be but all the more so in places with limited public transport, such as our regional area. Or when you need your licence for your job or to get to vital medical appointments.
Whilst an appeal can be a straightforward process, submissions and/or grounds for that appeal differ depending on the type of suspension – whether you’ve been suspended by Transport for NSW (formerly RMS) or the Police with a Notice of Suspension and whether that suspension is due to demerit points, speeding or drink driving.
It is imperative, therefore, that the grounds for appeal are strategic, candid and address the specific “test” for appeal depending on the type of suspension. These initial grounds are drafted into an Application to the Local Court for consideration and will be read by the Magistrate prior to hearing about the particulars of your case, that is, the oral submissions made to the Magistrate on the day your matter is listed before the Court. These submissions can either be made by yourself (should you chose to represent yourself) or by us, lawyers with vast experience and proven track record before our Local Court Magistrates.
There are no guarantees – Appeals can be denied altogether, or suspensions can possibly be reduced and ultimately, the Magistrate also has the authority to totally revoke any suspension.
If your grounds for appeal, including the submissions made before the Magistrate on the day you are to appear at court are insufficient, your appeal will likely fail. It is also worth noting that should your appeal fail, Transport NSW can apply to the court for you to pay their costs, as well (which is usually between $100-$300). Be aware: When you appeal to the local court, the decision of the Magistrate is final – you cannot appeal any further, so make sure you put your best foot forward from the start.
With a solid track record of successful Applications, Local Court Lawyers can advise you of appeal requirements, how to position yourself for the best outcome and make those specific submissions to the court on your behalf.
If you would like us to take a look at your case, and advise as to your chances of success contact us now.