Appealing a Magistrate Court’s suspension or disqualification of licence
We are all familiar with suspension and disqualification of a driver’s license as a penalty for traffic offences. There are two kinds of suspension and disqualification of a driver’s licence.
The more common one is the summary and immediate suspension and disqualification of a driver’s licence by the police on the roadside. There is also the suspension or disqualification as ordered by a Magistrate’s Court or Children’s Court.
The summary suspension and disqualification is slapped on a driver by the police when they issue a traffic infringement notice after that the driver is apprehended for a traffic offence. The objective and purpose of the immediate suspension and disqualification is to keep the road safe for other road users.
When a driver is given a traffic infringement notice and he is ordered to pay a fine and his license is suspended or disqualified, he has two options. He can pay the fine and wait until the period of summary suspension /disqualification is over. He can also challenge the infringement notice at the Magistrate’s Court. This is considered an appeal of the summary suspension/disqualification.
The Magistrate Court’s order suspending or disqualifying a driver’s licence is a penalty after a trial. The trial is conducted because the driver who had been given an infringement notice (thereby suspending and disqualifying the driver’s licence) appealed the traffic infringement notice.
The purpose of this suspension and disqualification is to penalize the driver and also to provide a deterrent against subsequent traffic offences. An order of the Magistrate’s Court suspending, disqualifying or cancelling a licence may be appealed to the County Court under Section 29 (1) of the Road Safety Act 1986.
Similarly, when the driver is a minor below 18 and commits a traffic offence, the Children’s Court may order the cancellation or suspension of a licence of that minor child. The Children’s Court may also disqualify the minor from obtaining a licence or permit consequent to a conviction for a traffic offence. The minor has recourse: he can appeal the order of the Children’s Court to the County Court under Section 29 (1A) of the same law.
If you want to appeal the suspension, disqualification or cancellation of your learner’s permit or driver’s licence, you need the services of a good traffic offence lawyer. Call us now and speak to a competent traffic offence lawyer. Criminal Lawyers Frankston, Criminal Lawyers Moonee-Ponds,
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.