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Lucy Taylor

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A young woman passionate about law and fasion. Currently living in Australia, working at one of the best law companies there are.

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Published on: 12 Dec 2016 by lucytaylor

Understanding license suspension and disqualification

If you are somebody who relies on your car to get around, having your license suspended or disqualified can be an absolute disaster. This is particularly true if you need your car to get to work; with a suspension potentially destroying your career.

Fortunately, there are means by which you can appeal license suspensions and disqualifications, through the RMS or police. It’s important to understand that their are strict time limits within which an appeal is allowed, so you should seek the counsel of legal expert immediately.

Bare in mind that if your license has been suspended or disqualified, you are not legally allowed to drive. Serious penalties and criminal charges can be sentenced if you are caught disobeying these restrictions.

What can you appeal?

The following offences are capable of being appealed through Local Court:

--Exceeding the speed limit by more than 30 kph (Provisional) or 45 kph (Unrestricted).

--Suspension of a P1 or P2 licence for loss of demerit points.

--On the spot immediate suspension by the police for exceeding the speed limit by 45 kph.

How do you lodge an appeal?

You have 28 days to lodge your proposed appeal to the Local Court, and there is no provision for any extension of time. After this period, you will have three months in which it’s possible to appeal, but only with leave of the District Court.

Find a suitable legal representative and discuss with them the process and potential efficacy of appealing your suspension or disqualification. They will help you begin the process of lodging an appeal to the Local Court and guide you through preparation.

Lifting a period

In some extraordinary circumstances, the Attorney-General’s department is able to remit the unexpired term of a person’s license disqualification. In other words, they are able to cross out the remaining time on your disqualification in very special circumstances.

This can only occur if the applicant has demonstrated the following requirements:

--Evidence of rehabilitation;

--Evidence of abstinence from drug/alcohol use, where applicable;

--No (or limited) offending since the date of the penalty;

--Evidence of new-found responsibility;

--Evidence of extraordinary circumstances affecting the applicant, which have arisen after the penalty was imposed;

--Evidence of a pressing need for a licence (not including loss of income as a result of licence) and the absence of reasonable alternatives to holding a licence.

--Medical grounds (either in an individual or carer capacity) provide the strongest grounds for lifting a disqualification period.

Of course, this evidence has to be thoroughly supported by documented evidence and character references. These are rarely granted, so it is essential you find an expert lawyer such as  LYLawyers to help you have a chance.

Having your license suspended can be a stressful and damaging period, which only reinforces why it's so important to drive safely and legally. If you do find yourself in trouble, you can appeal under certain circumstances and with the right legal counsel.





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