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License Speeding Appeals

Any licence holder can appeal against a suspension of licence by the RTA for an over 30 or 45 kph speeding offence. There must be grounds for such appeal, and those grounds must be seen by the court to be valid and not superficial or hollow.

Generally a loss of job or medical issues will found a valid argument for either a successful appeal or a reduction in the suspension period.

When will your licence be suspended for speeding?

If you are caught speeding more than 30 km/hr over the speed limit, your licence will be suspended. The length of time your licence is suspended will be dependent on what speed you were going at the time. A three month suspension will take place if you are found to be driving between 30 km/hr and 45 km/hr above the speed limit in an area. If the speed driven exceeds 45 km/hr then a six month suspension is likely to be the outcome.

Speeding motorists are caught through the use of a number of means, including speed cameras and police observations. A police officer has the power to suspend on the spot anyone caught speeding. If your suspension was not 'on the spot', you will be informed in writing by Roads and Maritime Services (RMS).The letter will inform you of the start and finish date of the suspension.

It is possible to appeal a licence suspension at the Local Court but it must be lodged before 28 days is up from the suspension notice date. If the appeal is lodged after this date then it will not be accepted by the court.

Another way of trying to get your suspension time reduced is by pleading guilty in court and then asking for a reduced penalty. It should be emphasised that it is very important not to drive while suspended as the penalties for doing this are harsh including disqualification of your licence, substantial fines and a prison term.

If you have been charged with a traffic offence or are under Police investigation, it is important that you seek legal advice.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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