Driving Licence Appeals (Demerit points) Lawyers Sydney
Received a demerit point suspension notice? Don’t accept it without a fight. Our expert Sydney licence appeal lawyers challenge decisions from Transport for NSW to get you back on the road.Â
- Expert Demerit Point Appeal Defence
- Fight Your Licence Suspension
- Avoid a Criminal Record & Keep Your Licence
- Clear Legal Advice & Strategy
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Expert Help for Your Demerit Point Licence Appeal
Receiving a Notice of Suspension from Transport for NSW due to demerit points can put your job, family life, and independence at risk. But you don’t have to accept it.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our traffic law experts specialise in licence suspension appeals, fighting to protect your driver licence and get you back on the road.
We provide specialist legal advice and representation for every aspect of your demerit point appeal, including:
- Assessing All Options to Get Licence Back
- Appeals for Provisional Licence Holders
- Strategic Options for Full Licence Holders
- Building a Persuasive Case for the Court
- Representation at Your Local Court Hearing
- Getting Your Licence Back & Avoiding Suspension
Can Your Driving Licence Be Suspended for Losing Demerit Points?
Yes, in NSW, your driver licence can be suspended by Transport for NSW if you exceed your demerit point limit. This occurs after an accumulation of demerit points from traffic offences, and the threshold for a demerit point suspension depends on whether you are a provisional licence holder or a full licence holder.
A licence suspension can also be issued immediately by police for a single serious traffic offence. For example, refusing to undergo a breath analysis is a serious offence that results in an on-the-spot suspension. It is crucial to know that not all suspensions can be appealed, and your rights depend on the specific offence.
Whether you have received a notice of suspension or been suspended by police, strict time limits apply to lodge an appeal. Seeking immediate legal advice from one of our experienced Sydney licence appeal lawyers is vital to building the strongest case to help you appeal and get your licence back.
Demerit Point Licence Suspension Periods in NSW
Exceeding your demerit point limit in NSW results in a licence suspension notice from Transport for NSW. The consequences are serious and designed to penalise unsafe driving, but the length of the suspension period depends on your licence type and the number of points you have accumulated.
A conviction for a serious traffic offence can have a lasting impact. Our experienced Sydney licence appeal lawyers are dedicated to helping you navigate the court process to minimise these penalties and protect your driver licence.
Suspension Periods for Full Licence Holders
If you hold an unrestricted driver licence and accumulate 13 or more demerit points within a three-year period, you will face a licence suspension.
| Demerit Points Accumulated | Licence Suspension Period |
|---|---|
| 13 to 15 demerit points | 3-month suspension |
| 16 to 19 demerit points | 4-month suspension |
| 20 or more demerit points | 5-month suspension |
Suspension Periods for Provisional & Learner Licence Holders
Provisional and learner licence holders operate under a much lower demerit point limit. Exceeding this limit will result in a minimum 3-month licence suspension.
| Licence Type | Demerit Point Limit | Licence Suspension Period |
|---|---|---|
| Provisional P2 (Green Ps) | 7 points | 3-month suspension |
| Provisional P1 (Red Ps) | 4 points | 3-month suspension |
| Learner Licence | 4 points | 3-month suspension |
It Is Possible to Avoid a Licence Suspension
An expert traffic lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can prepare a thorough and persuasive case to help you keep your licence. For provisional and learner licence holders, we can appeal the suspension directly to the Local Court.
For unrestricted licence holders, the best strategy is often to elect to have the traffic offence that led to the final demerit points decided in court.
We can then argue for a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order under the Crimes (Sentencing Procedure) Act 1999Â (NSW). This allows the court to find you guilty but dismiss the charge without recording a criminal conviction, saving your licence and your record.
Appealing a Suspension for Provisional Licence Holders
If you are a provisional licence holder (P1 or P2) and have exceeded your demerit point limit, you have the right to appeal the licence suspension in the Local Court.
After you pay the fine for the traffic offence, Transport for NSW will issue a Notice of Suspension. You must lodge your appeal before the suspension start date. A Magistrate will then hear your case and has three main options:
- Allow the appeal:Â This is the best possible outcome. Your licence is no longer suspended, and you can continue driving. However, the demerit points that led to the suspension remain on your record.
- Dismiss the appeal but vary the suspension:Â The Magistrate can reduce the length of your suspension period. This can be as short as a single day. Once this reduced suspension is served, your demerit points are reset to zero.
- Dismiss the appeal:Â The original suspension period is upheld, and you must serve the full term.
Our experienced Sydney licence appeal lawyers can build a persuasive case to give you the best chance of having the Magistrate allow the appeal.
Your Options as a Full Licence Holder
If you hold a full or unrestricted licence, you cannot directly appeal a demerit point suspension in court. When you receive a notice of suspension for the accumulation of demerit points, you have two primary options:
- Serve the suspension period:Â Accept the suspension, which can be for three, four, or five months depending on the number of points accrued.
- Apply for a Good Behaviour Licence:Â Elect to enter a 12-month good behaviour period.
However, there is a crucial third strategy. Instead of paying the fine for the most recent traffic offence, you can elect to have the matter decided in the Local Court. One of our experienced lawyers can then represent you and argue for a non-conviction order, such as a Section 10 dismissal. If the court grants this, you do not receive a conviction, you don’t incur the demerit points, and your licence will not be suspended.
What is a Good Behaviour Licence?
For an unrestricted licence holder facing a demerit point suspension, electing a good behaviour licence is an alternative to serving the suspension period. This option allows you to keep driving, but with very strict conditions.
A good behaviour licence lasts for 12 months, and during this time, your demerit point limit is just two points. If you incur two or more demerit points during this period, your licence will be suspended for double the original suspension period, and you will have no right to appeal this second suspension. It is a high-risk option that requires flawless driving.
What a Magistrate Considers in a Licence Appeal
When hearing a driver licence appeal, a Magistrate in the Local Court of NSW has broad discretion. To achieve the best possible outcome, your case must be prepared thoroughly by an experienced traffic lawyer. The court will typically consider several key factors:
- Your traffic record:Â A good driving history will be viewed more favourably than a record with multiple traffic offenses.
- The circumstances of the offence:Â The seriousness of the traffic offence that led to the suspension will be examined.
- Your need for a licence:Â The court will assess the impact a loss of licence would have on your employment, family commitments, and personal circumstances. Evidence of a genuine need is crucial.
- Your character:Â Character references can help demonstrate that you are otherwise a responsible person.
- Your remorse and steps taken:Â Completing a traffic offenders program can show the court you are taking the matter seriously and are unlikely to reoffend.
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When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
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A Winning Record
We have a history of winning licence appeals and saving our clients' driver licences. We focus on persuading a Magistrate to allow the appeal, securing non-conviction outcomes to avoid demerit points, and getting you back on the road.
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Our senior lawyers have over 40 years of combined experience, specialising exclusively in criminal and traffic law. This deep knowledge of dangerous driving laws and courtroom procedure gives your legal defence a significant advantage when facing a serious criminal offence.
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FAQs
What is a demerit point licence suspension?
A demerit point licence suspension occurs when you accumulate or exceed the maximum number of demerit points allowed for your specific type of driver licence within a three-year period. Transport for NSW will issue a formal Notice of Suspension.
How many demerit points can I have on my licence?
The demerit point limit depends on your licence type:
- Unrestricted Licence:Â 13 points
- Professional Driver Licence:Â 14 points
- Provisional P2 Licence (Green Ps):Â 7 points
- Provisional P1 Licence (Red Ps):Â 4 points
- Learner Licence:Â 4 points
- Good Behaviour Licence:Â 2 points
Can I appeal a demerit point suspension in NSW?
It depends on your licence. Provisional (P1 and P2) and learner licence holders can directly appeal the suspension itself in the Local Court. Unrestricted (full) licence holders cannot directly appeal a demerit point suspension but have different strategic options.
How do I appeal a suspension if I'm on my P-plates?
As a provisional licence holder, you can lodge an appeal directly with the Local Court within 28 days of receiving your suspension notice. A Magistrate will hear your case and can decide to allow the appeal, vary the suspension period, or dismiss the appeal.
What are my options if I'm on a full licence and facing a demerit point suspension?
You have two primary options: serve the suspension period or elect to take a 12-month good behaviour licence. However, a crucial third strategy exists: instead of paying the fine for the latest offence, we can elect to have the matter heard in court and argue for a non-conviction order to avoid the demerit points altogether.
What is a good behaviour licence?
A good behaviour licence is an option for unrestricted licence holders facing a demerit point suspension. It allows you to continue driving for a 12-month period, but if you accumulate two or more demerit points during this time, you will be suspended for double the original period with no right of appeal.
What happens if I breach a good behaviour licence?
If you accumulate two or more demerit points while on a good behaviour licence, your licence will be suspended for twice the length of the original suspension period you avoided. This new, longer suspension cannot be appealed.
How long do I have to appeal my licence suspension?
You have a strict timeframe of 28 days from the date you receive the Notice of Suspension from Transport for NSW to lodge your appeal with the Local Court. It is critical to seek legal advice and act immediately.
What happens in court during a licence appeal?
Your lawyer will present a persuasive case to the Magistrate on your behalf. This involves making submissions about your traffic record, your need for a licence, your character, and the circumstances of the offence, supported by evidence like references and apology letters.
What factors will the magistrate consider in my appeal?
A Magistrate will consider several factors, including the seriousness of the offence, your overall traffic history, your genuine need for a licence for work or family reasons, your general character, and any steps you have taken to show remorse, such as completing a traffic offenders program.
What are the possible outcomes of a provisional licence appeal?
The court has three main options:
- Allow the appeal:Â You face no suspension.
- Vary the suspension:Â The suspension period is reduced.
- Dismiss the appeal:Â You must serve the full suspension period.
If my appeal is allowed, do I get my demerit points back?
No. If the court allows your appeal and you serve no suspension, the demerit points that led to the suspension remain on your record. If the court varies or dismisses your appeal and you serve a suspension period, your demerit points are reset to zero.
Can I drive after I lodge my licence appeal?
If your licence was suspended by Transport for NSW for demerit points, the suspension is typically ‘stayed’ (paused) once the appeal is filed, meaning you can continue to drive until your court date. You should always confirm this with Transport for NSW before driving. This does not apply to immediate police suspensions.
How can a lawyer help me beat a demerit point suspension?
An experienced traffic lawyer understands what the court needs to see. We help you gather the right evidence, prepare persuasive character references, and present the strongest possible case to the Magistrate to maximise your chances of keeping your licence.
What is a section 10 dismissal and how can it save my licence?
For full licence holders, a Section 10 dismissal is a court order where you are found guilty of the traffic offence, but no conviction is recorded. This means you do not incur the demerit points from that offence, which can prevent you from reaching the suspension threshold and save your licence.
What evidence do I need for my licence appeal?
Strong evidence is crucial. This can include character references from employers or family, a letter of apology from you, an employment contract stating your need to drive, and a certificate from a traffic offenders program.
Should I complete a traffic offenders program?
Yes. Completing an approved traffic offenders program is highly recommended. It demonstrates to the court that you are taking the matter seriously, understand the road rules, and are committed to safer driving, which can significantly help your case.
How long is a demerit point suspension for a full licence holder?
The suspension period for an unrestricted licence holder depends on the number of points accumulated:
- 13-15 points:Â 3-month suspension
- 16-19 points:Â 4-month suspension
- 20+ points:Â 5-month suspension
Do my demerit points ever reset?
Demerit points expire after three years from the date of the offence. They are also reset to zero if you serve a demerit point suspension period or successfully complete a 12-month good behaviour period.
I received a notice of suspension, what is the first thing I should do?
Contact one of our experienced Sydney licence appeal lawyers immediately. Strict time limits apply, and seeking expert legal advice as soon as possible is the most important step towards building a strong case to save your driver licence.
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