Criminal Law

Speeding & Demerit Point Suspensions


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Appealing speeding offences and demerit point suspensions

Losing your drivers licence can be stressful and take away your daily freedom and place a heavy burden on your friends and family. It may affect your ability to work and earn an income or your ability to travel, causing serious further implications for the period that you have lost your licence.

You can appeal against a Transport for NSW (TfNSW) suspension if you are a provisional or learner licence holder for exceeding your demerit points.

If you hold a full licence and exceed 13 demerit points or more, you will be suspended and you cannot appeal this suspension. However, you may apply for a good behaviour licence.

An appeal can be made to the local court if you are suspended:

  • for speeding more than 30 km/hr over the speed limit (TfNSW suspension)
  • for speeding more than 45 km/hr over the speed limit (TfNSW suspension)
  • on the spot fine by a police officer.

If you are appealing a TfNSW suspension you have till the day before the suspension takes place to lodge your appeal in the local court. The suspension will be paused on appeal and you can continue driving until the court date.

If you appeal a police suspension, it must be filed within 28 days from the date you received the on the spot fine. You will remain suspended and cannot drive. You must prove to the court that there are exceptional circumstances before the suspension can be revoked.

Preparing documents to strengthen your appeal

Providing evidence to the court to support your licence appeal will assist the court to decide whether to uphold or refuse your appeal.

The court may determine that your licence should not be suspended and consider:

  • You are of good character
  • Your driving record
  • You need your licence for work or family reasons
  • There is some other good reason that the court should overturn the suspension.
  • The circumstances of the particular offence
  • Your remorse
  • Any steps you have taken to reduce the likelihood of reoffending.

The power of the court

In court the magistrate may:

  • Cancel a suspension completely or
  • Reduce the amount of time that your licence is suspended.
  • Disallow your appeal or increase the period of suspension.

If you require legal advice or representation in any matter, please contact us or book an appointment online


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