Know Step by Step Process for Appealing Suspension of Drink Driving Case

June 6, 2024    criminaldefencelawyersperthwa
Know Step by Step Process for Appealing Suspension of Drink Driving Case

If you are found drink driving on the road, the police have the right to suspend your licence. But a licence suspension can lead to unwanted stress in your life. If you want to avoid this inconvenience, you can contact drink driving lawyers Perth. They will help you appeal the licence suspension. Dive into this article to understand what it is and how you can proceed with the process.

An Overview of Appealing Your Licence Suspension

When you are charged for drunk driving, you can defend it or get it dismissed. Another option is appealing the licence suspension. In this case, the court won’t be concerned with the innocence or guilt of a person. Instead, the court will try to figure out the appropriateness of the licence suspension.

Most people wonder what they should do to make the suspension appeal successful. You will need to show that the circumstances that led to the suspension of your licence were exceptional. If you can do that, it might lead to the complete lifting of your licence suspension. In some cases, it will reduce the period of your suspension.

But it is important to understand how the court determines the presence of an exceptional circumstance. The court usually considers the following:

  • Your need for a driving licence
  • Whether you are a potential danger to the community
  • Other relevant local court matters

Steps You Should Follow to File Your Appeal

You will have to stay prepared for the appeal process to avoid any difficulties. The best criminal damage lawyers will recommend you follow these steps for filing an appeal:

Step 1: Be Mindful of the Timeline

The police might immediately suspend your licence after a drunk driving incident. Once your licence is suspended, you get a stipulated amount of time to make your appeal. If you aren’t making your appeal within this time, your appeal will not be accepted. Remember that the time you have in your hands is 28 days.

Step 2: Submit Your Appeal

Once you decide that you want to appeal, you should fill out an application. Submit it to the court authorities. This will help you book an appointment at the court for your hearing.

Step 3: Proceed to Your Hearing

If you have appealed for a licence suspension, you must attend the hearing in court. After becoming the details of your case, the Magistrate will make a decision.

Possible Outcomes of a Licence Suspension Appeal

After you appeal, you will have to wait till the hearing to get an idea of the outcome. You are likely to come across one of the three following outcomes after your licence appeal:

The Appeal Gets Allowed

If your appeal gets approved, it will ensure that you can immediately hit the road. But there’s one thing that a provisional licence holder or a learner appealing a demerit point suspension should remember. The demerit points continue to stay on the record. These points will count towards future suspensions.

The Driving Licence Appeal Is Dismissed and Varied

If this happens, the court believes that your licence should remain suspended for a certain period. The court will decide the period of suspension. It might be longer or shorter than the original police suspension.

For learners with demerit points or provisional licence holders, the demerit points will reset after the suspension period. The points will no longer count toward suspensions in the future.

The Appeal Gets Dismissed

In this case, the court believes that your suspension is valid. Your driving licence will remain suspended for as long as it is mentioned in your notice of suspension. The period starts immediately unless the court states otherwise. But remember that you aren’t getting a new notice of suspension after your appeal gets dismissed. Moreover, you won’t be able to appeal again if you don’t like the court’s decision.

Conclusion

These tips and step-by-step processes will help in appealing against the suspension of drink driving cases. Seeking legal help will make it easy for you to appeal your licence suspension. With expert professionals at your service, you will be able to avoid challenges while filing your appeal. Moreover, they will help you avoid other drink-driving penalties that might not be appropriate. If you want the best legal aid, choose Drink Driving Lawyers Perth. They have years of practical experience and the right legal knowledge to help you out.

REQUEST A QUOTE NOW! Complete the form below for a fast response


  • A massive thank you to the criminal defence lawyers perth WA team for a great outcome of my friend case. Legal services provided were very professional and exceptionally great . Highly recommended criminal defence lawyers in perth and nearby.

    Praveen Dhundwal
  • Very good lawyers

    Rajneet Kaur
Enquire Now
Call Us Now