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If your driving license is suspended you can have the chance to appeal.

Over speeding or driving in a range that exceeds the speed limit of a certain public road, such that of a school zone may place your license in danger of suspension.

Suspension of license is a consequence under the Traffic Law that you should avoid. Having a record of license suspension would basically weaken your future job prospect and would hinder your ability to support yourself and your family. Suspension of license can occur when a person has been served with a notice.

A police officer has the power to issue you with a suspension notice if you have been served with a penalty notice or been charged with the offence of exceeding the speed limit by more than 45 kilometres per hour or exceeding the speed limit by 30 kilometres per hour if you are a provisional licence holder. The suspension notice remains in force suspending your licence for 6 months.

In an event where your license is suspended by the RMS or the police, you can have the chance to appeal. You only have 28 days from the date of issue of the suspension notice to lodge your appeal. However, this may only be limited to traffic offenses that involve:

  • exceeding the speed limit by more than 30 or more than 45 kilometers an hour
  • loss of demerit points
  • on-the-spot suspension by police officers for exceeding the speed limit by more than 45 kilometers an hour.

Other grounds for license suspension are NOT appealable.

If you have filed for an appeal, the court can only allow, disallow, or reduce your suspension. In making decisions concerning an appeal, the court will assess the circumstances that lead you to commit the offense, your traffic record, and the necessity of a license on your end.

In most cases, first time traffic offenders would persuade the court to give an order under Section 10 of the Crimes (Sentencing Procedure) Act. A person granted with Section 10 will incur no criminal records and may be acquitted from license suspension, thus there is no need for an appeal.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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