We were successful in appealing our client's NSW drivers licence suspension imposed by Transport for NSW for drug driving at Orange Local Court. We convinced the Magistrate to allow the appeal due to our client’s character and circumstances so she could continue driving.
Background
Transport for NSW imposed a 3-month suspension on our client’s NSW drivers licence. The licence suspension was imposed because our client received a penalty notice for driving with cannabis in her system.
Our client was a young woman who had been pulled over for a random breath test and tested positive to having cannabis in their system. Because it was her first offence, the police issued her with a penalty notice for driving with illicit drug in her system.
Our client called our firm concerned that she was going to lose her drivers licence and wanted advice on the best way forward. She was particularly worried about losing her licence because her family was dependent on her and she required her licence for work.
A penalty notice for drug driving is a traffic offence and not a criminal offence, however, driving with cannabis in your system will result in a 3-month mandatory licence suspension. Our client did not elect to have the penalty notice dealt with at court, but instead paid the fine and waited to receive the notice of suspension in the mail. She received it a few weeks later. Once she received the notice of suspension from Transport NSW, we filed an appeal at Orange local court.
Submissions we made to the Orange Local Court
In preparation for the appeal, our Principal Solicitor provided advice from day one that would place the client in a good position to obtain the best possible result. On the day of the appeal, our Principal Solicitor advocated on behalf of our client before the Magistrate at Orange Local Court. She submitted that our client:
was a fit and proper person to hold their licence;
had extenuating circumstances that meant that a loss of their driver licence would have been adversely detrimental;
had completed the Traffic Offenders Program; and
had written an excellent apology letter and obtained a signed reference from her employer.
Result - Licence suspension appeal successful
The Magistrate agreed that our client was a fit and proper person to hold his licence and allowed the appeal.
The 3-month driver licence suspension imposed by Transport for NSW was removed by the Magistrate at Orange Local Court. Further, as we advised our client to only appeal the driver licence suspension rather than the penalty notice, it meant that our client did not have a criminal record and was not suspended for a single day. This means our client’s livelihood was not affected because of a single decision they made.
Have you been charged with drink driving or drug driving?
We regularly appear in licence suspension appeals. We understand the impact that a suspended driving licence can have on your livelihood, your job especially if you live where there is limited public transport or you require your licence for work or assist family with medical appointments.
Appealing a driver licence suspension can be complicated and have strict time limitations on lodging your appeal. If your drivers licence has been suspended, please contact our Principal Solicitor now on 0422 647 266 to discuss your options for your particular licence (red Ps, green Ps or unrestricted licence) and how you may be able to keep your licence. We regularly appear for clients throughout NSW including all the Sydney Local Courts, Orange Local Court, the Central West region, Newcastle and Wollongong.
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