Traffic and drink driving lawyer, Sydney
A licence appeal has 28 days on it, and the clock starts when you are notified, not when you decide to act.
What we do here
- Drink driving, every range
- Drug driving
- Appealing a police roadside suspension
- Appealing a Transport for NSW suspension
- Electing to take an infringement to court
- Driving while disqualified or suspended
- Negligent and dangerous driving
The five drink driving ranges
Which range you are charged with is set by the reading, not by the driving. The ranges are in s 110 of the Road Transport Act 2013 (NSW). The period shown is the automatic disqualification for a first offence. Section 205(2) also sets a floor the court cannot go below, noted against each reading.
Middle and high range also carry a maximum term of imprisonment. Second and subsequent offences carry longer periods.
The higher offences also attract a mandatory interlock order under s 210. The court makes either an interlock order or an exemption order. The interlock runs after the disqualification ends and the period can reach five years.
Licence appeals: the 28-day clock
Section 267(2)(a) of the Road Transport Act 2013 (NSW) sets the time limit. The notice of appeal must be filed with the Local Court “no later than 28 days after the date on which the decision-maker notifies the person of the appealable decision”.
The clock starts when you are notified, not when the suspension begins.
Not every appeal is the same
If police suspended you at the roadside, the court is limited. Section 268(5)(a) says it “is not to vary or set aside the decision unless it is satisfied that there are exceptional circumstances justifying a lifting or variation of the suspension”. Needing your licence for work is not usually enough by itself.
Other appealable decisions are not measured against that test.
Electing to go to court
An infringement notice can be paid or taken to court. Electing puts the maximum penalty back on the table, and the demerit points with it. It also puts a finding without conviction within reach, which the notice never offers. Your record and the number of points at stake decide whether it is worth it.
What it costs
Court filing fees, expert reports and interpreters are additional.
Indicative ranges for common matters, including GST, disbursements extra. Your fee is confirmed in writing before work begins. Full list for this area.
Questions people ask
Twenty-eight days. Section 267(2)(a) of the Road Transport Act 2013 (NSW) requires the notice of appeal to be filed “no later than 28 days after the date on which the decision-maker notifies the person of the appealable decision”. Notification starts it, not the date the suspension takes effect.
Sometimes, and the test is strict. On an appeal against a police immediate suspension the court under s 268(5)(a) “is not to vary or set aside the decision unless it is satisfied that there are exceptional circumstances”. Work, distance and inconvenience are common to almost everyone who appeals, so they rarely meet the test by themselves.
On a conviction, yes. Each range carries an automatic disqualification, and the court can reduce it to the statutory minimum but not below. Disqualification follows the conviction, so a finding without conviction is what keeps a licence. Whether that is open in your matter is a question for advice, and it is decided on the material you file.
An order under s 210 requiring an approved interlock device fitted to the vehicle you drive. It applies to the higher drink driving offences. The court makes either the interlock order or an exemption order, and the interlock period starts after the disqualification ends. It can run up to five years. The cost of the device is yours.
Guides on this
What's happened?
Not sure where you stand?
The assistant works out the area of law and whether a time limit is running, then sends it to the solicitor the same day.