At Baker Love, our experienced criminal and traffic lawyers regularly represent clients appealing suspensions in the local court and a well-prepared appeal can often be the difference between keeping and losing your licence.
The Christmas and New Year period, often referred to as the “silly season”, is one of the busiest times of the year on NSW roads. Increased traffic, festive events, and targeted police operations mean we see a significant rise in licence suspensions around this time, particularly for PCA (drink driving), speeding, and mobile phone offences.
If you’ve received a suspension notice from Police or Transport for NSW (formerly RMS), you may be feeling stressed, especially with work, family and travel commitments over the holiday period. The good news is that some licence suspensions can be appealed, and in many cases the Court has the power to overturn the suspension or reduce the period dramatically.
What decisions can be appealed?
You can appeal the following types of suspension decisions in the local court:
- Transport for NSW (TFNSW) decisions that result in a licence suspension
- Demerit point suspensions for provisional licence holders (P1 or P2)
- On-the-spot police suspensions, which are common in speeding, high-range drink driving, and certain mobile phone offences
What decisions cannot be appealed?
Some suspensions are not appealable, including:
- Demerit point suspensions for unrestricted licence holders
- Suspension of an interlock driver’s licence
- Suspensions for breaching a good behaviour licence
If your matter falls under one of these categories, there may be other options (such as applying for an interlock exemption or exploring the possibility of a non-conviction), and we can advise you on what is available.
What options does the Court have?
Yes, in many situations, you can appeal a suspension, and the Court has the discretion to:
- Set the suspension aside entirely,
- Reduce the length of the suspension, or
- Confirm the suspension.
The outcome depends on your individual circumstances: the facts of the offence, your traffic history, your need for a licence, and the strength of the material presented to the Magistrate.
How long do I have to lodge an appeal?
You have 28 days from the date on your suspension notice to lodge an appeal with the local court.
Once the 28 days has passed, you lose the right to appeal.
After filing the appeal, the court will list your matter for a hearing date. You must attend court, and this is where an experienced Baker Love traffic lawyer will present you and make submissions on your behalf.
What will the court consider?
When deciding whether to allow or vary your appeal, the court will look at a range of factors, including:
- The circumstances of the offence
- Your need for a licence (work, children, medical appointments, caring responsibilities)
- Your traffic record
- Any criminal history
- Your attitude towards the offence (insight and remorse)
- Character references
- Completion of a driver education course such as the Traffic Offenders Program
The court’s focus is on whether the suspension would be unjust in all the circumstances.
Why choose Baker Love criminal lawyers?
Our team regularly appears in the Taree/Foster, Newcastle, Maitland, Cessnock, Wyong, Raymond Terrace and Toronto Local courts. We know what Magistrates look for and how to prepare the strongest possible appeal.
We can assist you with:
- Reviewing your suspension notice
- Assessing whether an appeal is in your best interests
- Preparing evidence, references and supporting documents
- Representing you in Court and making persuasive submissions
Need help? Contact Baker Love today
If you’ve received a suspension notice this silly season, don’t wait.
The 28-day deadline moves quickly, especially over Christmas and New Year.
Please note: Our office will be closed from Friday 19th December 2025 at 4pm and will re-open Monday 5th January 2026 at 8.30am.
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