Watch and learn from Ryan Finch, our Criminal Law Specialist, on how and why you should mount an effective appeal process when facing a licence suspension. Understanding your right to appeal and how that process works can have a huge impact on the outcome.
Understanding your right to appeal and how that process works can have a huge impact on the outcome.
Understanding your right to appeal a licence suspension.
We are often baffled as a criminal law experts as to why people don’t take the opportunity to appeal a license suspension. Losing your license impacts people in many different ways. Most importantly, it often makes working almost an impossibility. It also places great strain on a family dynamic and relationship.
People often don’t realise that they’re entitled to appeal. They may misread the letter, they may not be in a position to afford legal representation or even if they don’t wish to use a lawyer for an appeal, they may be unwilling or too scared to front a magistrate on their own. Understanding your right of appeal and the outcomes available and the way to navigate any appeal process will significantly empower you to
Three things we would pass on to any person who’s losing a license are these.
Can you appeal?
Number one, once you receive the nasty letter from the Roads and Maritime Services, you need to check whether you have the right of appeal. In most cases, you do.
Can you afford to loose your licence?
Secondly, if you are facing a three-month suspension, then you have to make the decision as to whether or not you wish to appeal and whether you can navigate a loss of license for three months. If you can’t, then I’d suggest an appeal.
Understand the possible outcomes.
Thirdly, if you choose to appeal, the court generally has three options. Firstly, they can uphold your appeal. You serve no time off the road. Secondly, they can dismiss your appeal and you serve the three-month period. Thirdly, the court can dismiss your appeal, but reduce the period of time you’re off the road.
By simply understanding the cost associated with losing your license, that’s key. The next step is to get the best advice to ensure you enhance your chances at a successful appeal.