Licence: Appeal for Licence Suspension

Last week I discussed major speeding fines where you are caught driving more than 30km/h or more than 45km/h over the limit. Points are 4 and 6 respectively, and the fines are $621 and $1674.

In addition there is the RTA licence suspension. 3 months for 30km/h or more over the limit or 6 months for 45km/h or more over the limit. There is a right way to try and do something about this. If you have been caught by the RADAR/LIDAR (it will say on the penalty notice) these matters are extremely hard to defend if you fill out the back of the ticket and take it to Court.

There is a strong possibility the Court will convict you, and the RTA MUST then apply the additional penalty of licence suspension for either 3 or 6 months. The Court, at this stage, cannot reduce this penalty if you are convicted. Your only hope, albeit slim, is to have the matter dismissed.

If you do admit to speeding, you should pay the fine, and wait for the suspension notice to come from the RTA. At this time, if it is appropriate, you should lodge an appeal against the automatic suspension and the Court now has power to reduce the suspension period down to as little as 1 day if the Magistrate decides it is appropriate to do so.

You have a far greater chance of benefiting from an appeal after paying the fine, than having your matter dismissed after electing to have it dealt with in Court.

Driving whilst suspended is a very serious charge, and in Grafton people have been sent to prison because of this charge.

If you chose to appeal against the suspension of your licence, you should contact a solicitor upon receiving notification of the suspension for assistance in lodging the appeal.

If you have any questions you would like answered either confidentially or via this medium, please email us at

This is intended for general information and does not constitute legal advice and should not be relied upon as such. Formal legal advice should be sought.

On February 16th, 2011, posted in: Know the Law by
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