Driving Licence Appeals (Speeding) Lawyers Sydney
Fight your licence suspension for a speeding offence. Our expert traffic lawyers build a strategic licence appeal to protect your drivers licence and keep you on the road.
- Expert Speeding Licence Appeal
- Avoid Licence Suspension
- Protect Your Record
- Clear Legal Advice & Strategy
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Expert Help for Your Speeding Suspended Licence Appeal
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our specialist traffic lawyers meticulously analyse every aspect of your case, from the police procedure to the reasons for the speeding offence, to build a robust defence strategy.
Our goal is to achieve the best possible outcome, whether that’s having the charge withdrawn, or persuading the court to grant a non-conviction order to protect your licence and record.
We provide specialist legal advice and representation for all matters related to this offence, including:
- Assessing All Options to Get Licence Back
- Avoiding a Conviction for Speeding
- Challenging an Immediate Licence Suspension
- 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 Speeding?
Yes, a serious speeding offence in NSW can result in a licence suspension. This can happen in two main ways: through an immediate police suspension issued at the roadside, or by receiving a formal notice of suspension from Transport for NSW. Each path has different rules and implications for your drivers licence.
A police suspension is typically issued on the spot for high-range speeding offences. For drivers with an unrestricted licence, this usually involves being caught travelling more than 45km/h over the speed limit. For those on a provisional licence (P-plate), the threshold for an immediate suspension is lower, at more than 30km/h over the limit. Transport for NSW may also issue a suspension notice for these offences if they are detected by a camera.
If you have received a notice of suspension, it is critical to act quickly as any licence appeal must be lodged with the Local Court within 28 days. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we meticulously prepare your case by examining the circumstances of the offence, your traffic history, and your need for a licence. Our experienced traffic lawyers present compelling submissions to the court, fighting to have the suspension overturned or significantly reduced to get you back on the road.
Penalties for Speeding in NSW
Understanding the potential penalties for a speeding offence in NSW is critical. The consequences can be severe and are designed to deter drivers from exceeding the speed limit. The penalties for a traffic offence escalate significantly based on how fast you were travelling, your traffic history, and the type of drivers licence you hold.
A conviction for a serious speeding offence can result in a licence suspension, significant demerit point loss, and heavy fines. Our experienced traffic lawyers are dedicated to helping you navigate the court process to minimise these penalties and protect your driver licence.
Licence Suspension and Penalties for Speeding
If you are caught speeding by police or a camera, you face a fine, demerit points, and for more serious offences, a licence suspension from Transport for NSW or an immediate police suspension.
| Speeding Offence | Fine | Demerit Points | Licence Suspension |
|---|---|---|---|
| Exceeding speed by more than 45km/h | $2,350 | 6 | 6 months |
| Exceeding speed by more than 30km/h | $872 | 5 | 3 months |
| Exceeding speed by more than 20km/h | $455 | 4 | Discretionary |
| Exceeding speed by more than 10km/h | $265 | 3 | Discretionary |
| Exceeding speed by 10km/h or less | $114 | 1 | Unlikely |
Note: Fines and demerit points are subject to change and may be higher in school zones. The court can impose a maximum fine of $2,200 for most speeding offences if the matter is taken to court.
Provisional and Learner Licence Holders
The rules are much stricter for provisional (P-plate) and learner licence holders. If you hold a P1 or P2 provisional licence, exceeding the speed limit by more than 30km/h will result in an immediate 3-month licence suspension. Given the lower demerit point limit for P-platers, even a less serious speeding offence can be enough to trigger a demerit point suspension.
It Is Possible to Appeal Your Licence Suspension
How to Appeal a Licence Suspension for Speeding in NSW
Receiving a notice of suspension can be confusing and stressful, but it is crucial to understand the process and act quickly. Whether your licence was suspended on the spot by police or you received a notice from Transport for NSW, you have the right to challenge the decision in court.
The process for a licence appeal must be followed carefully, as there are strict time limits.
- Lodge Your Appeal Within 28 Days:Â You must file your licence suspension appeal with the NSW Local Court within 28 days of receiving your suspension notice. This is a strict deadline, and missing it will likely mean you lose your right to appeal.
- Immediate Police Suspension: If a police officer suspends your licence on the spot for a high-range speeding offence, you are not permitted to drive from that moment. The suspension remains in force until your appeal is decided by a court.
- Transport for NSW Suspension: If you receive a suspension notice in the mail from Transport for NSW (eg, for a camera-detected speeding offence), lodging an appeal will typically ‘stay’ or pause the suspension. This means you can continue to drive until your court date.
Our experienced traffic lawyers can manage this entire process for you, ensuring your appeal is lodged correctly and on time, and preparing a compelling case to present to the Magistrate.
What the Court Considers in a Speeding Licence Appeal
When you appeal a licence suspension, a Magistrate in the Local Court will decide the outcome. They have the power to dismiss your appeal, reduce the suspension period, or allow the appeal, meaning you face no suspension at all.
To achieve the best possible outcome, we present a persuasive case based on factors the court will consider, including:
- The Circumstances of the Offence:Â Was it a genuine mistake? Was there an emergency? We examine the context of the speeding offence.
- Your Traffic History:Â A good driving record can significantly help your case and demonstrate that the offence was out of character.
- Your Need for a Licence:Â We gather evidence to show why your driver’s licence is essential for your employment, family responsibilities (like caring for children or relatives), or managing medical conditions.
- Your Character and Remorse:Â Character references and a sincere letter of apology can demonstrate your good character and remorse for the offence.
- Steps Taken to Improve:Â Completing an approved Traffic Offenders Program shows the court you are taking proactive steps to be a safer driver.
Pleading 'Not Guilty' to Speeding
If you believe you did not commit the speeding offence, you can plead not guilty. A valid defence may exist if there was an honest and reasonable mistake of fact, you were acting under duress or out of necessity, or if there are flaws in the police evidence, such as an inaccurate speed detection device.
If the court finds you not guilty, the charge is dismissed, and you will not be suspended or lose any demerit points.
Pleading 'Guilty' to Speeding
If you accept that you committed the speeding offence, the focus of your case shifts to persuading the court to show leniency. Our goal is to convince the Magistrate to deal with the offence without recording a conviction by granting a Section 10 dismissal or a Conditional Release Order.
If successful, you will not receive a fine, lose demerit points, or have your licence suspended for the offence. This is where a strong licence appeal, highlighting your need for a licence and good character, becomes critical.
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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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We have a history of winning complex traffic law cases. Our focus is on achieving the best possible outcome in dangerous driving cases, whether that involves having the charge dropped early, securing a ‘not guilty’ verdict, or protecting our clients' driving licences.
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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 driver licence appeal for a speeding offence?
A driver licence appeal is a formal request to the NSW Local Court to review and overturn a decision by the police or Transport for NSW (TfNSW) to suspend your licence due to a serious speeding offence.
Can I appeal every type of speeding ticket?
No. You can generally only appeal a licence suspension for a significant speeding offence, such as exceeding the speed limit by more than 30km/h or more than 45km/h. Minor speeding infringements that only result in fines and demerit points are not typically appealable unless you elect to take the original infringement to court.
How long do I have to appeal my licence suspension?
You have a strict time limit of 28 days from the date you receive the notice of suspension to lodge your appeal with a Local Court in NSW.
What happens if I miss the 28-day deadline to appeal?
If you miss the 28-day deadline, the court will likely refuse to hear your case, and you will have to serve the full suspension period. It is critical to act immediately.
Can I still drive after I lodge my licence appeal?
This depends on how your licence was suspended. If you received an immediate, on-the-spot suspension from police, you cannot drive. If you received a suspension notice from Transport for NSW by mail, lodging an appeal typically pauses the suspension, allowing you to drive until your court date.
What is the difference between a police suspension and a Transport for NSW suspension?
A police suspension is issued on the spot for high-range speeding and takes effect immediately. A Transport for NSW (formerly RMS) suspension is issued by mail, often for camera-detected offences, and the suspension begins on a future date specified in the notice.
What are the possible outcomes of a licence appeal in court?
The Magistrate has three main options:
- Allow the appeal:Â Your licence suspension is completely removed.
- Vary the appeal:Â The suspension period is reduced (e.g., from 3 months to 1 month).
- Dismiss the appeal:Â The original suspension is enforced.
What factors will the Magistrate consider in my appeal?
The court will assess several factors, including the circumstances of the speeding offence, your traffic history, your genuine need for a licence (for work or family), your character, and any steps you have taken to be a safer driver.
How can a lawyer help with my speeding licence appeal?
An experienced traffic lawyer can prepare a persuasive case, gather crucial evidence like character references and employment letters, and make compelling submissions to the Magistrate on your behalf to maximise your chances of keeping your licence.
What evidence should I prepare for my appeal?
Helpful evidence includes a letter of apology, character references (especially from an employer), proof of your need for a licence (like an employment contract), and a certificate from a Traffic Offenders Program.
Should I plead guilty or not guilty to the speeding offence?
If you believe you did not commit the offence, you can plead not guilty and we can challenge the evidence. If you accept you were speeding, we can plead guilty on your behalf and focus on presenting a strong case for leniency to avoid a conviction and suspension.
What is a Section 10 dismissal and can it help me?
A Section 10 dismissal is an order where the court finds you guilty of the offence but does not record a conviction. This is an excellent outcome as it means you avoid a criminal record, fines, demerit points, and the licence suspension.
Are the rules different for provisional (P-plate) drivers?
Yes, the rules are much stricter. A P-plate driver caught speeding by more than 30km/h faces an immediate 3-month suspension. Unlike full licence holders, P-platers can appeal a suspension that results from exceeding their demerit point limit.
I have a bad traffic history. Can I still win my appeal?
While a poor traffic record makes an appeal more challenging, it does not make it impossible. We can focus on other compelling factors, such as your absolute need for a licence and the steps you have taken to reform, to persuade the court to give you another chance.
What is a good behaviour licence?
A good behaviour licence is an option for unrestricted licence holders facing a demerit point suspension. It is a 12-month period where you can keep driving, but if you incur 2 or more demerit points during that time, your licence will be suspended for double the original period. This is not an option for speeding-related suspensions, only demerit point suspensions.
Will a speeding offence give me a criminal record?
A speeding ticket that you simply pay does not result in a criminal record. However, if the matter goes to court and you are convicted of the offence, it will appear on your record. Our goal is to avoid a conviction by seeking a Section 10 dismissal.
What are the penalties for speeding by more than 45km/h?
Exceeding the speed limit by more than 45km/h is a very serious offence, carrying 6 demerit points, a large fine, and an automatic licence suspension of 6 months.
What is the Traffic Offenders Program?
The Traffic Offenders Program is an educational course approved by the court. Completing this program before your court date demonstrates to the Magistrate that you are taking the offence seriously and learning to be a safer driver, which can significantly help your appeal.
What happens if my appeal is unsuccessful?
If the court dismisses your appeal, the original suspension period will be enforced, usually starting from the date of the court decision. The court’s decision is final and cannot be appealed again.
Why should I choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers for my appeal?
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