An immediate police licence suspension is very different to an RMS licence suspension. They are issued on the spot by police only in certain circumstances. Appealing against an immediate police licence suspension is also much more difficult than an appeal against an RMS licence suspension and the test is a lot higher.
An immediate notice of suspension is issued by police under section 224 Road Transport Act 2013. It is a notice given on the spot informing the licence holder that they are now suspended for the relevant period. The driver must surrender their licence.
Despite being called an immediate notice of suspension, police also have up to 48 hours to serve you with a notice after you have been charged or given a penalty notice for an offence.
There is a wide range of offences where police can issue immediate notices of suspension. Some of these offences include:
You’ll need to lodge a licence appeal with the Local Court within 28 days. The current fee for this is $95. It can can be lodged online or in person however you are required to nominate the grounds of the appeal. For this reason we recommend that you contact a specialist traffic lawyer such as Marsh Blom Lawyers to assist drafting and lodging the appeal. If you are caught driving while suspended you may face further penalties, disqualification and potential imprisonment.
When the court is hearing your licence appeal, they will be considering what is known as the exceptional circumstances test. The exceptional circumstances test means that there must be an exceptional, extraordinary or typical reason why you need a licence.
Difficulty getting to work, attending university and even potentially losing your job is not exceptional. In these kinds of appeals the court cannot take any of the circumstances of the offence into account, so telling them you were busting to use the bathroom won’t help.
The exceptional circumstances test is a notoriously high bar. Your best bet at being successful is by seeking prompt legal advice. Once you miss the 28 day window, there is nothing a lawyer can do to help you recommence driving.
Appeals against immediate police licence suspensions are heard and determined in the Local Court. In these appeals the NSW Commissioner of Police is represent by police prosecutors who will argue against the appeal. Marsh Blom Lawyers was started by two former police prosecutors who spent years appearing in these appeals. We have successfully appealed several immediate police licence suspensions and can provide advice and representation in relation to your matter.
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