Do I appeal against Driving Licence Supension

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Hassanonline

Member
1 May 2019
1
0
1
Hi Adviser,

I have received a driving licence suspension letter from RMS for following traffic violations.

1- More than 10km speed in school zone, usually it has 2 demerits points but at September 2016 I had P1 driving licence therefore, I got 5 demerit points instead of 2.
2- On 28th December, 2019, violation, right lane must turn right, got 2 demerit points

Note: I am still on P2 and I will be able to apply for unrestricted licence by July 2016

Now, I want to go to court showing them my good character by getting good reference letters from my employer, neighbours and friends, also describing that how licence is critical for my family.

I have following questions.

1- If I will go to court will it make bad impact on citizenship application that I will apply next January(my four years will completed after moving Australia)?
2- If I will appeal in the court, that will hold suspension until court will make decision?
3- I received this suspension just 2 weeks ago, however, date on letter is 2nd April (which doesn't give me 28 days). So by now it's been more than 28 days, can I still apply for appeal? I login to Online Registry Service, I fill in all details and now I am on payment step. So it seems that I can still apply. Is my understanding correct?
 

Adam1user

Well-Known Member
5 January 2018
577
33
2,219
Hi Adviser,

I have received a driving licence suspension letter from RMS for following traffic violations.

1- More than 10km speed in school zone, usually it has 2 demerits points but at September 2016 I had P1 driving licence therefore, I got 5 demerit points instead of 2.
2- On 28th December, 2019, violation, right lane must turn right, got 2 demerit points

Note: I am still on P2 and I will be able to apply for unrestricted licence by July 2016

Now, I want to go to court showing them my good character by getting good reference letters from my employer, neighbours and friends, also describing that how licence is critical for my family.

I have following questions.

1- If I will go to court will it make bad impact on citizenship application that I will apply next January(my four years will completed after moving Australia)?
2- If I will appeal in the court, that will hold suspension until court will make decision?
3- I received this suspension just 2 weeks ago, however, date on letter is 2nd April (which doesn't give me 28 days). So by now it's been more than 28 days, can I still apply for appeal? I login to Online Registry Service, I fill in all details and now I am on payment step. So it seems that I can still apply. Is my understanding correct?

Your infringements are not that serious, what I mean your speeding is not 40k/m above the speed limit, so this will be to your favor, the 10k/m over the speed limit is a common mistake that most people do (that does not mean you can dismiss the importance of speeding at that level) and the right turn infringement is not considered as a risk like red light infringement. I think you do have a good chance if you go prepared to court and show that you are sorry and will try your best in the future. If you rely on driving, this can assist too.
Good luck.
I am not a lawyer, see a lawyer for better advice.