Police Suspension Appeals
A police license suspension is different from a suspension issued by the licensing authority.
It is much harder to appeal against an immediate police license suspension and the test is more difficult. We have a track record of success in these cases, despite the different challenges in this area.
Immediate Police Suspension Appeals
The police might issue an immediate suspension notice in certain circumstances. It is important to seek legal advice if you plan on appealing the suspension. These cases are more complex than appeals against licensing authorities.
Our traffic law specialists regularly appear in courts in every state to appeal licence suspension appeals. These appeals are final and cannot be appealed. Contact us today to ensure you have the best chance of success.
When can police issue an immediate suspension of your licence?
Police may immediately suspend your license over offences including, but not limited to:
- Drink driving (both DUI and PCA)
- Street racing and aggravated burnout
- Grave driving offences that can lead to death or grievous bodily injury
- Unaccompanied learner drivers
- P1 and P2 drivers who are learning or retraining exceed the speed limit by either 30 km/h or 45 km/h
What is the maximum time for appeals?
Police suspension appeals must be made within 28 days from when the notice was served by police. You are likely to lose your appeal if you try to file it after the 28-day deadline.
Take the following steps to appeal a police license suspension appeal
If you’re not prepared, the appeal process for a licence can be difficult. These are the steps to help you break it down:
- For an applicable offence, you will be served with an immediate suspension of your license.
- Within 28 days, draft and file an appeal against the decision by the Commissioner of Police to suspend your licence. An appointment will be made at the court.
- Proceed to the hearing for the appeal of your licence. The Magistrate will immediately make a decision after your case has been heard.
What is the procedure for appealing an immediate suspension of a police license?
A court can’t allow an appeal against an immediate suspension of police force unless it is satisfied that exceptional circumstances exist. A court will interpret exceptional circumstances as something that is unusual, extraordinary and distinct from other cases. One factor or multiple factors can make up exceptional circumstances.
Courts have held that almost all suspensions of licences are accompanied by loss of employment, inconvenience, and inability to access public transport. The Court will not consider the circumstances that led to your license being suspended immediately.
Possible outcomes of an appeal for immediate suspension of police license
The Local Court can exercise the same powers as the police when they suspend you. Three main outcomes of a license appeal are:
This appeal is permitted
This means your appeal was successful and you can now drive immediately.
The appeal is varied
This is when the court has made order according to their discretion. This could be a suspension for a shorter period than the specified 3 or 6 month suspension period.
This appeal was dismissed
This means the court has ruled that you have not proven that exceptional circumstances exist that warrant the suspension being removed or modified.
The notice of suspension will specify the suspension period. You will need to serve the suspension period indicated on your notice of suspension.
If you are not satisfied with the court’s decision, there is no recourse. An experienced lawyer can ensure you are properly represented to the court to ensure that you have the best chance possible in all circumstances.
Why choose Highway Advocates?
Highway Advocates is highly experienced in criminal and traffic law. Our legal team have extensive experience in appeals for immediate suspension of police licenses and will help you to manage the complexity and uncertainty of this unfamiliar process.
We will work closely with you to prepare the matter and represent you in court. To maximize the chances of an appeal being successful, we ensure that all relevant matters are brought to the court’s attention. Get a free, no-obligation case assessment to learn how we can help you get the best possible outcome.