Allysha: Hi my name’s Allysha Merrett. I’m a criminal lawyer here at Turnbull Hill Lawyers and today I’m going to talk to you about lodging a licence appeal.
The first thing that you need to consider is whether or not you are eligible to lodge a licence appeal.
If you’re serving a good behaviour licence, you’re not eligible to lodge an appeal but if say you’re on your full driver’s licence and you get caught speeding 30 kilometres an hour over then you are eligible to apply.
What you need to do is lodge an appeal document with a local court registry and that appeal document sets out your reasons for lodging your appeal and then you’ll get a court date.
At that court date, what the magistrate is interested in is your subjective circumstances and they are firstly your need for a licence.
Why might you need your driver’s licence? Do you live in a rural area? Is there no public transport near you? Do you need your licence for work? So you might be self-employed and you might need a ute full of tools. That’s a reason that the court will take into consideration.
You may need your licence for supporting your family. So you might have young children that you need to take to school and you may be their sole career or you may have elderly parents that you need to look after and that’s an important consideration too.
Then what happens is a magistrate will make a decision and that decision will either be they’ll reduce your suspension period, they will not uphold your appeal and your application will be dismissed or they will not allow you to serve any disqualification period and you’ll be able to keep your licence.
If you’d like some advice with lodging a licence appeal, please don’t hesitate to get in touch with us here at Turnbull Hill Lawyers, and we’ll be happy to help.