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NSW Drivers Licence Suspension and Speeding Fines - Appealing for Leniency?

Discussion in 'Traffic Law Forum' started by Eric Rolzhauser, 28 July 2015.

  1. Eric Rolzhauser

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    Hi,

    I was recently served with an infringement notice for exceeding the speed limit by more than 30km/h but not more than 45km/h, however I was only 3km away from being in the over 45km/h range. I have enough points to take the 5 demerit hit but due to the excess speeding offence I will be receiving a suspension notice shortly, 3 months if I'm correct.

    My driving history will show a suspension for exceeding the limit by 20km/h as a P plater (2010) and a speeding fine for exceeding the limit by more than 10km/h but not more than 20km/h (2014).

    I require the drivers licence for working purposes and although I am not an official carer, I spend a lot of time as a carer for my grandfather which includes driving him around frequently or delivering/picking up shopping and other goods for him as well as travelling to take care of him which is over 40km of travel.

    I am considering appealing for leniency at local court hoping for one of the following outcomes:

    1. Complete Suspension Waived (Very unlikely I know).
    2. A reduced suspension (Unlikely as 3 months is a minimal suspension)
    3. The allowance to drive only the company car (Unsure if this is even possible?)
    4. A good behaviour period (Unlikely given this is normally restricted to demerit suspensions only)

    I was wondering if anyone knows if I have any chance of getting any kind of reduced suspension or a better outcome based on my history and the fact that I was close to the 45km/h mark, which would have the judge tell me I should appreciate the 3-month sentence only.

    I am also aware that the traffic law court has the ability to increase the suspension and speeding fines and was wondering if this was only in the case of pleading not guilty or is it also common for the court to impose stricter penalties if I am pleading guilty with a plea for leniency?

    Thank you in advance.
     
  2. talkingtree

    talkingtree Member

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    I would be interested in knowing the outcome of this too
     
  3. Eric Rolzhauser

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    Anybody?
    No advice or comments at all?
     
  4. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    Hi Eric,

    The outcome of your appeal will depend on a few things, including your driving history and the reasons why you were speeding.

    Have you filed an application in the Court yet?

    Kind regards
     
  5. Eric Rolzhauser

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    My driving history isn't great, here is a breakdown:
    2010 - Exceed Limit by more than 10km/h less than 20km/h
    2011 - Demerit Point Suspension of P2 License - resulting from offence above due to P plater restrictions on speeding.
    2011 - Not display P plate.
    2012 - Negligent Driving - Resulting from an at fault accident, non speed related.
    2014 - Exceed limit by more than 10km/h less than 20km/h

    My reason was simply that it was late at night and I was over 200km from home and wanted to be home.

    I received the official suspension notice today, so I haven't yet. I'm still trying to get more advice on whether I have a chance.
     

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