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Navigating a suspended drivers licence: know your rights and responsibilities

Having your drivers licence suspended can be devastating, especially if your family or work relies on you being able to drive. It’s essential to understand your rights, responsibilities, the legal processes involved, and how to get back on the road. In our article, we provide helpful information on what to do if your NSW drivers licence is suspended.

Understanding the suspension

Drivers licence suspensions in NSW can occur due to various reasons, including accumulation of demerit points, traffic offences that carry automatic suspensions, driving under the influence of alcohol or drugs (PCA/DUI) and other serious criminal charges. It can also arise if you fail to pay fines or debts owed to governmental agencies. Once your licence is suspended, it means your privilege to drive is temporarily revoked, and you are legally prohibited from operating a motor vehicle during this period.

Duration of suspension

The duration of your licence suspension varies based on the nature of your offence. Minor traffic violations might result in shorter suspensions, while serious offences could lead to longer periods without driving privileges. It’s crucial to check the specific details of your suspension to know how long it will last.

Finding the right lawyer

If you find yourself facing serious charges related to your suspended licence, it’s imperative to consult a qualified lawyer. Legal representation becomes essential when your case involves complex legalities or potential criminal charges. An experienced criminal lawyer can guide you through the legal process, ensuring your rights are protected and advocating for the best possible outcome.

Can I appeal a suspended drivers licence?

Yes, you can appeal if your drivers licence has been suspended, but only if:

(a)   your licence has been suspended by a police officer at the time of the offence;

(b)   your licence has been suspended for speeding more than 30 or 45km/h over the limit; or

(c)   you’re an ‘L’ or a ‘P’ plater who has lost your licence due to the accumulation of too many demerit points.

If you hold an unconditional licence and lose it due to the accumulation of demerit points, you have no right of appeal. That said, there are some proposed amendments to the law that may change this position in the future.

Resuming driving

You do not need to reapply for your licence at the end of a suspension period, provided the licence has not expired during the suspension period, and can resume driving immediately.

Criminal charges and legal consequences

In cases where your licence is suspended due to more serious offences like high range PCA or reckless driving, you might face criminal charges. These charges can have severe consequences, including fines, and possibly time in gaol, depending on the severity of the offence. A lawyer can help you navigate the criminal justice system and build a strong defence strategy.

Do you need help with a suspended licence? Contact your Central Coast criminal lawyers.

Dealing with a suspended drivers licence in NSW can be a challenging experience, but understanding the legal procedures and seeking appropriate legal advice can make a significant difference. Remember to stay informed about your rights, fulfil the necessary requirements, and, if needed, consult a lawyer who specialises in traffic and criminal law. Our criminal lawyers at Seton Family Lawyers can help you get back on the road. By taking the right steps, you can minimise the impact of a licence suspension on your life and work towards reinstating your driving privileges responsibly.

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Erina NSW 2250