To avoid a suspension or reduce your suspension period, you can appeal a demerit point suspension, if any one of the following apply to you:
- You are a P plater for any demerit point offence, or
- You hold a full licence, and commit an offence of speeding over 30 or over 45 km/h.
How to appeal Demerit Point Suspension?
An RMS licence appeal can be made by paying the penalty speeding fine, and then appealing the RMS suspension notice. The Magistrate can then either reduce your suspension period, or decide not to suspend your licence altogether.
Once an appeal is filed, you will get notified of your court and court date for the hearing. It is critical to speak to an experienced traffic lawyer for realistic and step by step guidance to best prepare and present your case. Our specialist traffic lawyers hold a proven success record of avoiding suspensions for their clients for over 20 years.
Possible outcomes in court?
The Magistrate can deal with your licence appeal in 1 of the 2 following ways in court:
- Allow your appeal: Here you are not suspended, and you keep your licence. There is no loss of demerit points; or
- Dismiss your appeal with, or without variation: Here the Magistrate can elect to vary your suspension. Your suspension can then be reduced to anything the Magistrate wants, including 1 day or 1 week. If this happens to you, you will also loose your demerit points unless you are a P plater. If the Magistrate elects not to vary your suspension, you will be suspended for the entire period, and loss of demerit points.
Penalties for speeding fines?
Disqualification and Fines for Speeding Offences and Demerit Points
|Exceed Speed Offences||Max Court Fine||Licence Disqualification|
|Over 45Km/h||$3,300||6 months|
|Over 30Km/h||$2,200||3 months|
|Over 20Km/h but less than 30Km/h||$2,200||–|
|Over 10Km/h but less than 20Km/h||$2,200||–|
|Not more than 10Km/h||$2,200||–|
|13 Demerit Points in 3 years||–||3 months|
|16-19 Demerit Points in 3 years||–||4 months|
|20 Demerit Points in 3 years||–||5 months|
|Penalties for Speeding Offences||Light Motor Vehicles||Larger Vehicles (4.5 – 12 Tonnes)||Heavy Vehicles|
|Exceed Speed Offences||Demerit Points||Fine||Fine||Fine|
|Over 45km/h in School Zone||7||$2,504||$2,504||$3,740|
|Over 30km/h but less than 45km/h||5||$872||$872||$1,364|
|Over 30km/h but less than 45km/h in School Zone||6||$1,099||$1,099||$1,440|
|Over 20km/h but less than 30km/h||4||$455||$568||$568|
|Over 20km/h but less than 30km/h in School Zone||5||$568||$682||$682|
|Over 10km/h but less than 20km/h||3||$265||$455||$455|
|Over 10km/h but less than 20km/h in School Zone||4||$341||$568||$568|
|Over 10km/h but less than 20km/h for L or P Plater||4||$265||$455||$455|
|Over 10km/h but less than 20km/h for L or P Plater in School Zone||5||$341||$568||$568|
|Not more than 10km/h||1||$114||$341||$341|
|Not more than 10km/h in School Zone||2||$189||$455||$455|
|Not more than 10km/h for L or P Plater||4||$114||$341||$341|
|Not more than 10km/h for L or P Plater in School Zone||5||$189||$455||$455|
For the best possible chance to avoid a licence suspension on your licence appeal, either for speeding or loss of demerit points, speak to one of our leading senior traffic lawyers now. Their team are one of the best traffic defence lawyers in Australia, with proven success for over 20 years.