License Suspension Appeal
A client received an infringement notice from a law enforcement agency for exceeding the speed limit in a designated speed zone. The alleged detected speed was significantly above the limit, resulting in a financial penalty and a three-month license suspension. The client expressed concerns that the suspension may adversely affect their job, and they have not yet received a court date but are looking for legal guidance on how to possibly reduce or avoid the suspension.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkIs it possible to appeal the license suspension or the fine, and what are the chances of success?
In the relevant jurisdiction, you can appeal the license suspension and fine by electing to have the matter heard in the local court. The court may take into account mitigating factors, such as the impact on your employment, which could potentially lead to a reduction or dismissal of the suspension. Success depends on the strength of your arguments and any mitigating circumstances presented. It may be beneficial to seek legal advice to enhance your case.
What steps should I take to contest the suspension before receiving a court date?
To contest the suspension before receiving a court date, you should lodge an Internal Review with the enforcement agency, providing a detailed written explanation of your circumstances, including how the suspension affects your job. Gather relevant documents such as proof of employment and any dependents. Additionally, if there are mitigating circumstances like a previously clean driving record, include these in your submission. It's advisable to seek legal advice to strengthen your case.
What should I be aware of if I contest the suspension and am unsuccessful?
If you contest the suspension and are unsuccessful, you may incur additional legal costs and court fees. The court may uphold the original penalties or possibly impose harsher penalties if they determine the appeal was not justified. Furthermore, a conviction might be recorded, potentially impacting insurance premiums. Assessing the risks against the possibility of a successful appeal and consulting with a solicitor who specializes in traffic law is advisable.
