What to Do If Your Licence Is Suspended Due to Demerit Points
If you have received a letter from Roads & Maritime Services indicating that your licence has been suspended due to the accrual of too many demerit points you can appeal this decision.
To do this, you need to follow the instructions on the back of the letter you receive from the RMS to lodge your appeal online. You will then be allocated a Court date in a Local Court.
We have set out below the things that you will need to demonstrate to the Court to prove that you are a fit and proper person to hold a driving licence. It is important to remember that if you do lodge an appeal you are allowed to continue to drive until such a time that your appeal is heard.
Preparing for Your Court Appeal
In preparing for your appeal you should consider the following:
- Completing a “Traffic Offender’s Program”. Courts tend to look kindly on people who voluntarily educate themselves as to the dangers of their offending.
- A reference demonstrating your good character.
- Evidence of any flow on effects of your loss of licence, for example if your loss of licence will lead to a loss of employment then a letter from your employer indicating that this is the case may assist.
- In some circumstances a letter from you addressed to the Magistrate can assist in demonstrating what you have learned and the price you have paid in relation to the offence and the prospect of losing your licence.
It will also be necessary for you to demonstrate to the Court whether you have a need for a licence, whether you are a person who completes any community work, whether any other person is dependent on you to transport them and your status in relation to employment or study.
Possible Outcomes of Your Appeal
You will receive one of three results as a result of an appeal against your suspension:
- The appeal will be allowed, and you will not have to serve a suspension.
- The appeal will be dismissed but the Magistrate will reduce your period of suspension.
- Your appeal will be dismissed, and you will have to serve your entire suspension.
