If you’ve had your driver licence suspended by police, or received a letter from Transport for NSW about a vehicle or licence decision, you may be eligible to appeal the decision.
All Transport for NSW licence and registration appeals must be filed to the Local Court within 28 days of receiving the letter.
You may appeal a licence or registration decision in the Local Court if you have:
- had your licence suspended by Police
- received a letter from Transport for NSW about either a driver licence or vehicle registration decision, and the letter states you have the right to appeal.
What you need
- your address and email address
- your suspension letter, including the date the letter or notice was issued
- your driver licence number (if filing a licence appeal)
- your vehicle registration number (if filing a registration appeal)
- a credit or debit card to pay the appropriate fee (filing fees are calculated after you’ve completed the online form).
How to appeal
or log in to the Online Registry.
- Click on the ‘Start a new case’ tab.
- Select the ‘Licence or Vehicle Registration Appeal’ form.
- Complete the online form.
- Pay the appropriate fee to submit your form.
- Forms that require payment are not submitted to the Court until the payment has been made.
- If you have been granted a fee waiver or postponement for a particular form, you’ll need to file the form in person or by post.
To make sure that you have all the information and documentation you need to complete this transaction, visit the NSW Online Registry.
You have the legal right to appeal any suspension or revocation of your Massachusetts Driver’s License or right to operate in Massachusetts.
The appeal process will depend on the type of suspension and your driving record. Some suspensions can be appealed directly to the Suspension Department of the Registry of Motor Vehicles, while other suspensions or revocations must be appealed to the Board of Appeal of the Division of Insurance.
In many cases, it makes sense to appeal your license suspension because it may not be legally valid. The Registry sometimes imposes illegal and invalid license suspensions which a lawyer can reverse on appeal. Attorney Brian Simoneau has been very successful in getting invalid license suspensions reversed and completely removed from his clients’ driving records.
Not all License Suspensions Are Valid
Many license suspensions are automatically generated by the Registry’s multi-million dollar dysfunctional computer system and they may be invalid. You should have an attorney who is well-versed in the laws applicable to motor vehicle offenses and license suspensions such as Attorney Simoneau review these suspensions.
Even when a license suspension is legally valid, it may still be possible to get the suspension terminated early and receive a full license reinstatement or at least a 12-hour hardship license. The appeal process will depend on the suspension reason.
The License Suspension Appeal Process
The first step in appealing your suspension is to have a lawyer review the suspension notice along with your driving record. The content of these documents will determine the next step in the appeal process, which may involve obtaining court records, a substance abuse evaluation showing your risk of recidivism, or evaluation forms.
It is important to remember that just because the Registry has suspended your license, that does not necessarily mean that the suspension is legal. Many suspensions can be reversed by appealing directly to the Registry or the Board of Appeal. Don’t needlessly suffer with an invalid license suspension when you may be able to get it reversed on legal grounds.
Attorney Brian E. Simoneau
550 Cochituate Road, Suite 25
Framingham, MA 01701-4683 (map)
Call or Text: 508-656-0057
You swore that you paid those parking tickets off. But the state says otherwise. Which is why when you get a letter in the mail from the MVC stating your license is being suspended, you’re confused and a little frightened. Is there a way to fight this?
Fighting a License Suspension
Before answering this question, let’s explain the license suspension process in New Jersey. There can be multiple reasons why your license is being suspended, including:
- Accumulating 12 or more points on your driving record
- Being found at fault in a fatal traffic accident
- Being accused of reckless driving
- Receiving a DUI
- Failure to pay fines or surcharges
- Failure to provide proof of insurance
You will receive a letter in the mail called a Notice of Proposed Suspension. This notice will give you a reason for your suspension, how long the proposed suspension will be, and the start date. This notice will also give you information on how you can request a DMV hearing to fight the suspension. This request must be made within 25 days of notice.
Once you request the hearing, your license suspension will be postponed until the matter is heard in court.
At the DMV Hearing
It’s important to note that your request for a hearing may be denied if you cannot dispute the suspension. For example, going back to the parking tickets scenario, let’s say you have canceled checks that show these tickets have been paid for. Because you have evidence that shows the reason for the suspension is faulty, the DMV hearing will proceed.
You will still be able to drive prior to the hearing, which takes approximately four to six weeks to be scheduled. But you will need to get all your facts straight before the hearing. This means you will need all your supporting materials in order before the hearing begins.
At the hearing, not only will your argument be heard but your driving record will be examined. The decision will be made by an MVC hearing officer — however, if you don’t agree with this ruling, you will be able to request an appeal with the court.
The best way to fight a traffic violation is to have a good defense attorney by your side. Contact the Law Offices of Anthony Carbone today for more information.
The Details of Appeal a Decision of the Registrar of Motor Vehicles
What you need for Appeal a Decision of the Registrar of Motor Vehicles
If the Registrar of Motor Vehicles (not the courts) has sent you a notice advising you of a ruling or decision by the Registrar regarding your driving or licensing privileges in the Commonwealth of Massachusetts, and you wish to appeal that action, you may file an appeal with the Board of Appeal.
If your license was revoked by the courts, you must appeal through the court system to have it returned.
- There are times when a Judge will advise you that a license suspension will accompany your conviction. It is your responsibility to obtain clarification as to whether your suspension is a part of the Judge’s order or if the Judge is merely providing information to you as to the consequences that normally follow the offense for which you are being charged.
Please note: Breathalyzer Refusal/Chemical Test Refusal (CTR) revocations must be appealed through the court system. The Board does not hear CTR appeals.
Please note: If you have any court actions currently pending (any unresolved tickets/violations, future court dates or matters that have been continued) it is important for you to notify the Board of this fact before you begin your presentation. Such outstanding actions may prevent the Board from making a decision until your present record is complete. If you do not advise the Board of outstanding matters, you could possibly cost yourself substantial amounts in reinstatement fees only to receive a new suspension when the matter is resolved and entered on your record.
Fees for Appeal a Decision of the Registrar of Motor Vehicles
Enclose with your appeal form a non-refundable $50.00 check or money order. Fees are payable by check or money order only. Not other form of payment is accepted.
Please make checks payable to:
Commonwealth of Massachusetts
License Suspension Appeals
Division of Insurance
1000 Washington St., Suite 810
Boston, MA 02118
How to appeal Appeal a Decision of the Registrar of Motor Vehicles
Forms are available to download or at the office of the Board or at Registry offices. You may also call the Board and request that a form be mailed to you.
More info for Appeal a Decision of the Registrar of Motor Vehicles
Appeals are scheduled in the order in which they are received and according to the length of your suspension. There are NO exceptions.
You must appear for your virtual hearing. You will be notified by mail as to the date and time of your appeal. If you have an attorney for your appeal, it is your responsibility to notify him/her.
Use the chart below to determine approximately how soon your hearing will occur after the Board has received your application.
30 day suspension 2 weeks
60 day suspension 3 to 4 weeks
Any other suspension 10 to 24 weeks
10 year vehicular homicide 6 months
Please notify your probation officer of any pending appeals.
You will receive the Board’s decision in a timely manner after all paperwork has been received by the Board.
If you wish to have your appeal continued so that you may have an attorney present or to obtain additional information, please advise the Board prior to your hearing and the Board may grant you a continuance. You/your attorney should contact the Board when you are prepared to go forward.
If you are not satisfied with the decision of the Board the proper avenue of appeal is to the Superior Court in the county in which you reside. You may also file your appeal in Suffolk County, as that is the county in which the Boards’ main office is located. The civil clerks’ office will help you if you are filing pro se (for yourself/without an attorney). A second hearing before the Board will not be granted unless the decision you receive specifically states that you may re-apply to the Board.
You can apply for an appeal to the Licence Suspension Appeal Board (LSAB) to determine if you qualify for a conditional driver’s licence.
The Board may grant conditional driving privileges only if they are satisfied that:
- Exceptional hardship will result if the suspension remains in effect, AND
- The granting of a conditional licence is not contrary to the public interest.
Processing your application takes approximately twelve to fourteen (12-14) weeks for a complete application. Dependent on current time lines, you may serve a portion of your suspension prior to being heard by the Board.
There are specific requirements to appeal to the LSAB depending on what enforcement authority took action against your driver’s licence. Please click on the links below to find out about the Application and Hearing process.
In order to process communication about your application:
- If sending information by fax, you must include a fax cover page with the Appellant’s name and file number.
- If sending information by email, the subject line of your email must contain the Appellant’s name and file number.
- The office cannot release information to third parties without a signed authorization on file.
- Please note that it is Board policy to not provide hearing dates or the results of hearings over the phone. All hearing dates and Board decisions will be sent by regular mail.
All enquiries and correspondence related to the Board should be directed to:
Licence Suspension Appeal Board
200 – 301 Weston Street
Winnipeg MB R3E 3H4
Phone: (204) 945-7350
Fax: (204) 948-2682
Suspension of your driver's license is one of the penalties that you are liable to face if you are found guilty of DWI. If you are arrested for a DWI, you will be facing two legal actions as supported by the law. First, a criminal proceeding will be used to convict you if you are found guilty, or more accurately, to determine whether you are guilty or not. Another is the administrative proceeding which is to be carried out by the Department of Motor Vehicles (DMV). It is the legal action handled by the Department of Motor Vehicles that can lead to your license's suspension.
Offenses that can lead to the suspension of a driver's license in Louisiana are:
- Driving with an already suspended license can further increase or lengthen the suspension
- Driving an uninsured vehicle (motor vehicles in Louisiana are expected to be insured)
- Texting and driving
- Careless or reckless driving
- Felonies with the involvement of a vehicle
- A conviction of DWI/DUI
- Refusal to take a blood test/ breathalyzer
Note that before any suspension, you must have gotten a mail of suspension letter from the Department of Motor Vehicles, pointing out the reason for your suspension. Not getting the mail is a strong point of appeal, though it almost never happens.
Appealing A Suspended Driver's License
Before going into the necessity for appealing a suspended driver's license, this is also important to know, as it has been used as a trap to convict many arrested persons. One of the tricks used by the police officers is questioning the arrestee to get words that can be used against such an individual. It is good for you to mind your words if you are arrested, to avoid falling to their tricks. Giving out too much information might make the future appeal ruined, though you may not know it.
Also, have in mind that your license does not get suspended automatically if you are arrested for a DWI in Louisiana. The defense for your probable license suspension starts right from the very first minute of your arrest. So, whether you've been failing your defense right from that point or not, here are the things you should do which are explained in two parts:
1. Get A DWI Attorney to Aid You in the Proceeding
After your arrest, the Louisiana Department of Motor Vehicles should expectedly issue you a 30-day temporary license valid till the day your suspension hearing will be held. If your suspension resulted from a DWI, you have 15 days to apply for a hearing. Failure to file an administrative hearing within these 15 days will make you lose the right to do so any other day after. But if other suspensions, you have 30 days.
Starting from the day of your arrest, you have 15 days to demand an administrative hearing with the hope of getting back your license as just recently mentioned. This is where you will be needing the service of a professional attorney like Carl Barkemeyer of Baton Rouge, who is experienced, licensed, and proficient in defense of his clients. You could lose your driving license for up to a year, followed up with other fines, so you can't just entrust the case to any lawyer.
With a vast knowledge and understanding in court procedures like that of accusations for a DWI, Carl Barkemeyer in Baton Rouge can help you against the conviction of the Department of Motor Vehicles in Louisiana, as he has succeeded with his other clients. Committing the case to a good attorney is an essential step you can't afford to make a mistake in. That is what a professional attorney like this Baton Rouge's is for: to take up the responsibility and save you the worry, whilst being accountable with a genuine service.
2. Get as Much Information and Evidence as You Can
During your appeal, what can save you with the help of a professional attorney like Carl Barkemeyer is the information you give and evidence you are able to provide to justify yourself. An attorney proficient in issues of license suspension will then know how to use them in your favor.
Get information and pieces of evidence that can help you avoid the suspension as much as you can. And if a witness is available, you can arrange for them to be present during the appeal. This will further help you from preventing your license's suspension or revocation.
As a common citizen, there are laws you don't understand which can be used against you. But with an attorney that understands the whole court procedures, such laws can be interpreted to you. For example, if a law is misinterpreted or misused, a professional attorney can help you fish out the error. In fact, the police are liable to make mistakes during arrests, which can lead to your case totally dismissed.
Although there is no guarantee that you will win if you demand an administrative hearing to appeal the suspension of your license, it is worth trying. The case could go either way, but if things go well, you can have the case turned out in your favor by your defendant. However, even if the suspension of your license by the Department of Motor Vehicles in Louisiana could not be avoided, Attorney Carl Barkemeyer can resolve to get you a hardship license.
A hardship license is a restricted license issued to a person whose driving license is under suspension, to enable them free movement with their vehicle to important places, like school and workplace. It is understandable that you will need to keep your employment, go to school if you are a student, and carry out other necessary duties.
The requirements for a hardship license vary by states, but for Louisiana, you must first have an ignition interlock device installed in your vehicle among other things. So, if you have a DWI in Louisiana, Carl Barkemeyer may be the perfect defense attorney for you. But above all, he is ever ready to appeal your license suspension if you hire him.
Which licence suspensions can be appealed?
Learner, Provisional P1 or P2 drivers
- Transport for NSW licence suspensions for exceeding the demerit point limit
- Transport for NSW licence suspensions for speeding 30km/h or 45km/h over the limit (camera detected only)
- Transport for NSW licence suspensions for speeding 30km/h over the limit
- Transport for NSW licence suspensions for speeding 45km/h over the limit (camera detected only)
If you receive a notice of suspension for exceeding the demerit point limit or breaching a good behaviour licence you cannot lodge an appeal.
If you have exceeded your demerit points as an unrestricted driver, see our blog on Good Behaviour Licences.
If you have breached a good behaviour licence, see our blog on Good Behaviour Licences and Licence Suspensions.
What is the time limit for an appeal?
Suspension notices issued by the Transport for NSW are subject to a strict timeframe of 28 days. The 28 day period begins when the notice of suspension is posted to you at the most recent address record on the Transport for NSW records. This date can be found on the top left corner of your suspension notice.
If you attempt to file an appeal outside of the 28-day timeframe, it will most likely be rejected. If you are able to file the appeal, the court may determine that it has no jurisdiction for the court to hear the matter and dismiss your appeal.
Steps in a Transport for NSW licence suspension appeal
The licence appeal process can be a difficult one if you are unprepared. It can be broken down into the following steps:
- Receive an infringement notice for an excessive speed and/or an infringement which will result in you exceeding your demerit point threshold
- Pay the infringement in full or enter into a payment plan.
Note: if you elected to have the matter heard by a court and were convicted, Transport for NSW will send you a notice of suspension.
- Receive notice of suspension from Transport for NSW indicating that Transport for NSW has made a decision to suspend your drivers licence
- Draft and lodge an appeal against the decision of Transport for NSW to suspend your licence within 28 days. A court location and date will be allocated.
- Attend court and proceed with the licence appeal hearing. After your case is heard the Magistrate will deliver their decision immediately.
Note: There is no avenue of appeal if you are unhappy with the court’s decision.
How is a Transport for NSW licence suspension appeal determined?
Transport for NSW licence suspension appeals are heard in the Local Court of New South Wales.
When you appeal the decision of the Transport for NSW to suspend your drivers licence, the court considers many things including:
- Whether or not you are a fit and proper person to hold a drivers licence,
- The circumstances of the Offence;
- Your traffic record and
- Whether you have a need for a licence.
In considering the circumstances of the offences which have caused the suspension however they cannot redetermine your guilt or innocence.
Possible outcomes of a Transport for NSW licence suspension appeal
The Local Court has the ability to exercise the same powers that Transport for NSW had when they made the decision to suspend you. The three outcomes of a licence appeal are:
That the appeal is allowed:
This means that you do not spend any time off the road, at all. If you are a provisional licence holder or learner appealing a demerit point suspension, the demerit points remain on your record, and they have the ability to count towards future suspensions.
The appeal is dismissed and varied:
This means that the court has seen fit to impose some period of suspension. The court can vary the period of suspension as much or as little as it deems appropriate.
If you are a provisional licence holder or learner appealing a demerit point suspension, the relevant demerit points are reset after the period of suspension imposed and will no longer have the ability to count towards future suspensions.
The appeal is dismissed:
This means that the court has not seen fit to show leniency to you. You will be required to serve the period of suspension indicated on your notice of suspension. The suspension period will commence immediately unless the court specifically orders otherwise.
Transport for NSW and court will not send you another notification warning you that your licence is suspended. If you are caught driving after being suspended, you will not be able to defend the matter on the basis that Transport for NSW did not send you another letter notifying you of the suspension period.
If you are unhappy with the courts decision, you are unable to appeal the decision.
Driver knowledge tests
If you have had two or more suspensions in the last 5 years, regardless of the length of that suspension, Transport for NSW may require you to sit the Driver Knowledge Test before you are able to recommence driving.
Extension of provisional periods
At a minimum, everyone must hold a P2 licence for 24 months. Every suspension period you receive (either from Transport for NSW or Police) will add an extra 6 months to that 24 month period.
Additionally, any time your P1 or P2 licence is suspended, the period of suspension is not counted towards the total minimum time required for that class of licence. This means, that if you are a P1 licence holder is suspended for 3 months, that 3-month period does not count towards the 12-month total minimum period that you have to hold that licence.
Traffic Law in NSW is complex and can often have a number of underlying considerations that might not be evident. Hamilton Janke Lawyers are recognised as Leading Traffic Lawyers in NSW and will be able to explain to you the way to deal with your matter.
If you or someone you know needs advice or representation for a licence appeal, contact the team at Hamilton Janke Lawyer 24 hours a day, seven days a week by calling 4038 1666.
James Janke is founding partner at Hamilton Janke Lawyers, and has more then decade of experience as a Criminal Defence Lawyer. Admitted to both the Supreme Court of New South Wales and High Court of Australia
Texas licensing boards/agencies regulate specific professional licenses. Upon receiving a complaint, they will review the legitimacy of the allegations and launch an investigation. If the board’s/agency’s investigation reveals evidence of an alleged rule violation or violation of law, your professional license could be jeopardized.
Once allegations have been brought against your professional license, you should take immediate action. However, what can you do to protect your career once a Texas licensing board/agency has decided to suspend or revoke your professional license? You can appeal the board’s/agency’s decision, for which you should acquire the help of an experienced professional license defense attorney.
The impact of a license suspension or revocation
If your license has been suspended or revoked, you will not be able to perform your job. Depending on the severity of the allegations, a license suspension can last for a relatively short or long period of time. However, a license revocation can be indefinite.
Additionally, a suspension or revocation may become public record, which allows future employers, prospective clients, insurance companies, and other parties to access the information regarding such disciplinary actions. This could put your reputation in jeopardy.
If your professional license has been suspended or revoked by a licensing board/agency, you will be required to abide by the terms and immediately cease practicing your occupation. Failure to do so can result in permanent consequences that could end your career.
Don’t hesitate to hire an attorney
Once your professional license has been suspended or revoked, you will have the opportunity to appeal the disciplinary actions taken by your licensing board/agency. However, it is not advisable to attempt this step without first consulting with an experienced attorney. It is important to understand that even if you appeal your suspension or revocation, it can take months for your professional license to be reinstated, resulting in a loss of income.
A law firm you can trust; a law firm that will stand up to the Board for you
Whether you are a doctor, lawyer or another professional, Bertolino LLP will aggressively fight to protect your career and reputation. We proudly represent licensed professionals in Austin and across the State of Texas.
If your professional license is under attack, don’t hesitate to contact us today or call (512) 515-9518 to schedule a case evaluation.
Our Former New Jersey Deputy Attorney General has handled hundreds of ABC cases. Let us put our experience to work for you.
New Jersey Municipal ABC Liquor License Attorney
How to Appeal a Municipal Liquor License Ruling?
If the renewal or transfer of your license is denied or if special conditions are placed on your license, you may file an appeal to the Director of the New Jersey Alcoholic Beverage Control (ABC). The statute of limitations to file this appeal is 30 days after your received notice of the decision or action. An appeal is made by filing a document called a “Notice and Petition of Appeal” together with a filing fee with the Division of A.B.C. A copy of the Notice and Petition of Appeal must be served on the municipal licensing authority. Proof of this service must be provided to the Division of ABC. At the time such an appeal is filed, the ABC Director can extend the license privilege until the appeal is completed or stay (postpone the effective date of) the conditions or action appealed from if good reason is shown for the Director to do so. Failure to properly execute an appeal of the municipal decision could subject you and your license to the initial decision. For assistance with your liquor license matter, contact (732) 858-5857 today. We can represent you at your hearing and file an appeal on your behalf. Even if we cannot overturn the initial decision, we may be able to amend the penalty from a license suspension into a monetary fine or “hung days.” Call today and learn how we can help protect your liquor license.
Denial of a Liquor License Renewal Based on Non-Action
If your municipal governing board fails to act on a renewal (either intentionally or unintentionally) within 90 days after the expiration of the previous license term, within 45 days on an application for a new license or within 60 days on an application for a transfer, this failure to act may be considered a denial. However, you must have properly filed your documentation for either renewal, application or transfer before the municipality can even act on your matter. The same appeal procedure is available to a person whose application for a new license or transfer has been denied or to a person who objects to the issuance or renewal of a license or to its transfer. In such cases, however, no temporary extensions or stays will be granted while the appeal is being heard. Detailed rules governing appeals are found in N.J.A.C. 13:2-7 and N.J.A.C. 13:2-17.
What is a Notice and Petition of Appeal?
If filed properly, a Notice and Petition of Appeal will contain the following information:
- The name, address and license number of the person filing the appeal;
- The name and date the municipality took action;
- The violation and penalty imposed;
- The error, mistake or abuse of discretion claimed to have occurred;
- The relief requested and
- A copy of the Resolution the appeal is being made from.
This information will generally require a more specific discussion as to the legality of the decision. An understanding of ABC case law is necessary to adequately and successfully file any appeal with the Division of Alcoholic Beverage Control .
NJ Liquor Law Attorneys
Do not wait to file your appeal. Time is of the essence and you may lose your ability to appeal the decision based on inaction. ABC appeals are unique in New Jersey. Few attorneys focus their practice on New Jersey’s liquor laws. Here at our firm, we have the experience of former Deputy Attorney General from the Division of Alcoholic Beverage Control . He spent part of his career helping craft the very law he is now defending clients against. Call (732) 858-5857 today and find out how we can help.
Your driver licence can be suspended either by the Police or the Roads and Maritime Services (RMS).
If you commit a serious driving offence, the Police can suspend your licence on the spot, charge you and order you to attend Court. Generally, this will occurr if you commit the following driving offences:
– serious speeding offences (exceeding speed limit by 30km/h or more)
– breaching your licence conditions
– some offences involved drink or drug driving
– negligent driving that involves serious injury or death
– street racing and burnout offences
The RMS can suspend your licence in the following circumstances:
– if you are photographed exceeding the speed limit by more than 30km/h, your licence will be suspended for 3 months
– if you are photographed exceeding the speed limit by more than 45km/h, your licence will be suspended for 6 months
– exceeding your demerit point limit
In these circumstances, the RMS will send you a letter suspending your licence, noting when the suspension takes effect and when it will conclude.
APPEALING THE LICENCE SUSPENSION
You can appeal against the suspension of your licence to the Local Court if you are suspended:
1. for exceeding the speed limit by more than 30km/h;
2. for exceeding the speed limit by more than 45km/h;
3. for exceeding your demerit point limit ONLY IF you hold a learner licence or provisional P1 or P2 licence; or
4. on the spot by a Police Officer.
You must lodge the appeal at your local court within 28 days of receiving your Notice of Suspension from the RMS or receiving your on the spot suspension from a Police Officer.
Note: If you hold an unrestricted licence which has been suspended as you have accumulated too many demerit points, whilst you cannot appeal the suspension you can apply to the RMS for a good behaviour licence (this option is not available for learner or provisional licence holders). This will allow you to serve a 12 month good behaviour period instead of the suspension whereby for 12 months you will retain your licence with 2 demerit points. If you exceed this 2 point limit within the 12 months you will be automatically suspended for a period twice as long as your original suspension.
THE APPEAL PROCESS
Lodging the Appeal
You can obtain a copy of the Appeal Form from your Local Court registry or online from the Local Court website. There is a different form for each of the circumstances where you are appealing against a police suspension or an RMS suspension. You can either complete the form yourself or contact our office to have one of our teams assist you.
The complete form must be filed at your Local Court registry or online together with the filing fee of $89.00 (as of August 2015).
Preparing documents to support your appeal
You will then need to prepare your case which will later be heard at a Court hearing before a Magistrate by putting together your supporting evidence. First and foremots, it is essential that you obtain a copy of your driving record from the RMS. The other supporting material required will depend on the circumstances your case.
If you wish to plead to the Court to allow your appeal on the grounds that you are of good character, you should put together a couple of character references illustrating your good character.
If you wish to base your appeal on grounds of necessity for work or family reasons, you could provide to the Court:
– a letter from your employer stating your need for a licence for the work you do;
– a medical certificate stating that you a somebody’s carer and require a licence to facilitate that care; or
– evidence illustrating the difficulties of accessing public transport and the distance between either your work and home or your children’s school and home.
Attending the Court hearing
Upon lodging the appeal, you will be given a Court date to attend a hearing at the Local Court where the appeal was lodged, or if online (your Local Court as indicate on the Appeal Form). At the hearing, a representative from the RMS will also be present or a police prosecutor in the case of an appeal against a police suspension. Both you or your legal representative and the other party will have an opportunity to be heard by the Magistrate.
THE PROSPECTS OF THE APPEAL
The prospects of your appeal will depend on your circumstances and how well you have prepared your case. The Magistrate will take into consideration a number of factors, including:
– the seriousness of your offence(s)
– your driving record and character
– the reason you were speeding or incurred the demerit points
– your need for a licence
In the case of a police suspension, the Magistrate will only make an order lifting or varying the suspension if it can be shown that there are ‘exceptional circumstances’ justifying the appeal be allowed.
THE POSSIBLE OUTCOMES
The Magistrate’s decision at the conclusion of the hearing is final and binding upon both parties – it cannot be appealed. After hearing the case, the Magistrate can either:
1. dismiss the appeal – in which case the suspension will remain in force;
2. allow the appeal – in which case the suspension will be lifted; or
3. “make any such order in the circumstances as the Court sees fit” – practically this means the Magistrate can also reduce the suspension.
Appealing a licence suspension is not simple and we highly recommend you contact our office immediately if you have recently received a Notice of Suspension from the RMS or have had your licence suspended on the spot by a Police Officer. One of our lawyers will be able to advise you on the prospects of your appeal and ensure that your case is prepared correctly giving you the best possible chance of having your appeal allowed.
How To Get Credit For Your License Suspension
Are you looking for an expungement for your suspended license? Very often I have a client come into my office with a suspended driver’s license. Armed with their driving record and restoration requirements letter they tell me that, while they have been suspended, they have not gotten any credit for serving their suspension. This client needs credit because they need to serve their suspension so they can be restored. Sometimes the only way to get it is to file for an administrative hearing with PennDot in Harrisburg to present their case for credit. Here is a primer on how the administrative hearing works:
REASONS FOR LICENSE SUSPENSION HEARINGS
- To ask for credit toward serving a drivers license suspension , revocation, or even a disqualification;
- to ask for a “record review” for the purposes of updating a driving record;
- to request credit toward serving PennDot’s ordering of an ignition interlock device;
- to appeal PennDot’s denial or recall of an Occupational Limited License (OLL) or Probationary License (PL)
HOW TO APPEAL A LICENSE SUSPENSION IN PA
A driver has the right to appeal PennDot’s decision on any of the above within thirty (30) days of PennDot’s notice giving rise to the appeal. The exception is in cases for request for credit where the drivers can appeal at any time. When a drivers files an appeal the petition must contain the following:
- A statement of the facts of the case which includes all essential elements of the driver’s allegations;
- A clear list of legal issues upon which the appeal is based and what the relief the driver is looking for;
- A copy of the denial letter, statutory or regulatory provision, or other paperwork which gives rise to the appeal;
- The driver must provide their correct address so PennDot can serve them with paperwork;
- Address and phone number where the driver can be reached.
WHAT THE PETITION MUST HAVE IN IT
- The petitioner’s name;
- Driver’s License number;
- Date of birth
- Mailing address;
- Phone number;
- Signature of the driver or the driver’s lawyer;
- $100 filing fee (of course) made payable to the Commonwealth of Pennsylvania.
HOW THE HEARING WORKS
All hearings are held in Harrisburg. The Petitioner (driver) and his/her lawyer will show up and the driver will testify under oath, present evidence, and witnesses, and answer questions asked by PennDot’s lawyer. Then PennDot will present their evidence as to why the driver should not get credit and the driver’s lawyer may ask questions to PennDot and/or PennDot’s witnesses. Following the hearing, the hearing officer who heard the case will issue a “Proposed Report” containing the proposed findings of fact, a review of the applicable law and relevant evidence that was produced at the hearing, conclusions of law, and an Order. Hopefully, the order will award the driver credit towards his license suspension. If not, the driver has thirty (30) days to appeal it.
Our online service is designed to help NSW drivers successfully represent themselves in licence suspension appeals and demerit points court election cases. Use the online self-representation service to:
Appeal a Licence Suspension Notice:
> For exceeding the speed limit by more than 30 kilometres an hour; or
> P1 or P2 provisional driver’s licence for exceeding the demerit points limit.
Court Election for Penalty Notice or Traffic Infringement with Demerit Points:
> Any traffic fine that carries demerit points and will trigger your a licence suspension; or
> On good behaviour licence and received a penalty notice which will trigger a licence suspension; and
> You want to seek leniency and a review from a Magistrate in the Local Court of NSW.
How it Works
Here’s how our online service works to help you win at court…
1. Custom Build Your Court Document Online with WINNING Formula
Start by instantly creating a personalised legal submissions document to give to the Magistrate to read. This will contain the winning formula used by traffic lawyers to achieve best results and strategies for your personal case.
It’s easy – j ust fill in your answers online and we’ll email you the formatted document, ready to use for court.
+ Helps you say less in court.
This document allows you to get your story across without having to say much at court. But if you prefer to talk, we also give you a script with your answers to read.
2. Tools for Success are Included
We also give you guidelines for success, a character reference template & step-by-step instructions to strengthen your case.
Training videos are also included to help you understand what happens at court. It’s everything you need to represent yourself in the best way, all in one place.
3. Ready to Win at Court
By the time of your court date, you will be ready to present a powerful appeal. All you have to do is go to court & give your documents to the Magistrate.
It’s easy, quick and affordable!
NOT GUILTY or
Need More Help?
If you intend to plead NOT GUILTY and need a lawyer, or need more help when representing yourself, then book a free 15 minute tele-conference with an expert traffic lawyer.
For more information about going to court for a traffic fine, visit our traffic law page or read our latest blog.
Y ou can take almost any traffic infringement to court to have it decided by a Magistrate. You can plead either guilty or not guilty and present a case accordingly. Examples of traffic infringements that you can choose to take to court include:
- Use mobile phone while driving
- Low range drink driving
- Drive with illicit drug present in oral fluid/blood/urine – 1st Off
- Negligent Driving
- Not stop at stop sign or line
- Proceed through red traffic light (camera detected)
- Use unregistered vehicle on road/area
- Not give way to vehicle
- Drive with passenger older than 4 yrs but less than 7 yrs not restrained
- And much more. Note: I f you go to court, the court can give you a higher fine than the one you originally received. You may also have to pay some other fees. For more information, see Costs in fine cases.
If you have received at Notice of Suspension of Drivers Licence , then consider a licence suspension appeal and demerit points election. The Local Court has power to determine licence suspension appeal and demerit points election cases by the Transport NSW (RMS). You can use the online service to prepare a strong licence suspension appeal and demerit points case against the suspension of your licence in these scenarios:
When you lose your license or you are found guilty of a traffic crime, you don’t just have to accept the results of a legal decision that did not go in your favor. You may have the opportunity to appeal. The appeals process involves asking a higher authority to take a look at the decisions which were made on your case and to potentially change the outcome of the previous legal proceedings.
The appeals process is different if you are appealing a criminal conviction, versus appealing the suspension of your driver’s license. You need to understand what type of appeal you’ll need to pursue to try to overturn a decision that was unfavorable to you. You need to understand what is involved in the appeals process and how you can request that a decision be reviewed. You should also make sure you actually have grounds for appeal so you don’t just end up wasting your time and your money in an appeal that is unlikely to result in a better outcome.
Because the appeals process can be complicated, it is important that you talk with a New York traffic crimes lawyer to find out about the laws related to appealing unfavorable decisions. Your attorney can review all of the administrative or criminal proceeding that have already taken place and can assist you in determining what your options are for fighting for a better outcome. If you decide to appeal, your attorney can help you with the legal process and can make arguments on your behalf so you’ll have the best chance of getting a prior decision overturned.
NY Traffic Firm has extensive experience with all of the different types of appeals that you may wish to pursue in connection with traffic offenses and vehicle crimes. From appealing a ticket to appealing the loss of your driver’s license to appealing a criminal conviction, our legal team knows the ins-and-outs of arguing for decisions to be overturned.
We can help you to fight to protect your license, driving record, and reputation. Give us a call as soon as possible to begin working on your appeal so you don’t miss deadlines and so you can begin to put together the strongest case possible.
New York Laws on Appealing a Traffic Ticket Conviction
The New York State Department of Motor Vehicles explains that you can appeal a Traffic Violations Bureau conviction either online or via mail. You have to file your appeal within 30 days of the date when you are convicted and you must include a $10 non-refundable appeal fee for each of the convictions that you are appealing.
You must provide the traffic ticket number from your conviction, along with your license number, your full name and other personal information as it appears on your license, and information about whether an attorney is representing you.
You also need to include your Appeal Argument listing valid legal reasons for appealing your conviction. If you want a “stay” of a suspension of a revocation of your license that occurred due to your conviction, you need to include a Stay Argument as well. A stay temporarily puts a pause on the suspension of revocation so it doesn’t go into effect until your pending appeal is resolved.
Your Appeal Argument and Stay Argument need to include details, backed up by laws and past cases, that explain why your conviction for the traffic violation was improper. These arguments must be technical legal arguments. You should have a New York traffic ticket attorney write your appeal arguments for you so you can have the best chance of a successful appeal. You can also submit evidence or exhibits via mail to be considered. An experienced attorney Simon Kabzan will assist you in making the strongest possible arguments so you can try to protect your driving record and license to drive by getting the traffic conviction overturned.
New York Laws on Appealing The Outcome of a TVB Hearing
If you commit certain types of non-criminal moving violations, you may be required to attend a Traffic Violations Bureau (TVB) hearing. You are typically required to attend this hearing if you get 11 or more points on your license in a period of 18 months; if you are ticketed for violations during your new driver probation period, or if you commit certain types of speeding or misdemeanor offenses.
Your hearing could result in serious penalties, including a suspension or revocation of your license to drive. If the results of your hearing are not favorable to you, you can appeal your hearing within 30 days of the decision made by the Traffic Violations Bureau. You can appeal online or by mail, according to the DMV.
New York Laws on Appealing a Traffic Conviction
Some traffic offenses, such as drunk driving, can not only result in the DMV taking action but could also lead to criminal charges. When you are charged with a crime, you can face criminal proceedings before a judge, not just an administrative hearing before the Traffic Violations Bureau.
The appeals process for a criminal conviction is a very different process than appealing a ticket. You will need to appeal to the Court of Appeals and make strong legal arguments about errors in the way that the lower court applied the law if you hope to get your conviction overturned or your case sent back to the lower court for further review.
Fight Your Ticket
You don’t have roll over, pay the citation and be done. Over-eager traffic enforcement intermingles with errors every day. Always be ready to fight back. The odds are in your favor when you work with NY Traffic Firm.
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How a NYC Traffic Lawyer Can Help You
NY Traffic Firm has provided assistance to many motorists with both criminal appeals and administrative appeals. Our legal team can help you to try to get a conviction overturned for a criminal traffic offense, or can help you to appeal a traffic ticket or a suspension of your license. Whatever your situation, we can explain to you whether an appeal is likely to be successful and can help you to put together the strongest possible legal arguments.
To find out more about the assistance we can offer and to get help appealing so you can try to undo a legal decision that went against you, give us a call today to talk with an experienced NY traffic crimes lawyer.
Know more about Traffic Violations
Traffic infringements happen to everyone — and can occur anytime. No one is immune to ever-changing traffic laws.
NYS Vehicle and Traffic Law (VTL) Codes
Navigate through the multitude of New York State Vehicle Traffic Laws – We beat 1000’s of traffic tickets.
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If you are suspended by the Registrar of Motor Vehicles (Manitoba Public Insurance) as a result of a show cause hearing, you are eligible to file an appeal with the Licence Suspension Appeal Board (LSAB).
If you are suspended or prohibited from driving as a result of a Criminal Code conviction, please refer to the specific section to determine your eligibility to file an appeal.
If you are denied a Manitoba’s driver’s licence by the Registrar of Motor Vehicles (Manitoba Public Insurance) as a result of not satisfying the proof of residency requirements, you are eligible to file an Appeal Application with the LSAB by following the required residency documentation guidelines.
The LSAB does not have the jurisdiction to grant a conditional driver’s licence if you are suspended for any of the following reasons:
- Indebtedness to Manitoba Public Insurance/Government
- Maintenance Enforcement
- Failure to pay subrogation fees
- Cancellation or suspensions for failing to comply with an Assessment or Report Requirement
- Unpaid fines
- Medical Reports
You may contact our office to verify your eligibility prior to beginning the application process.
Once you are sure you want to file an appeal with the LSAB, you will need to provide the following:
- A fully completed Application Form (PDF, 103 KB) – you must include your driver’s licence number
- If you do not have this information you may contact MPI to obtain it. It will also be located on your driver’s abstract. Your application will not be accepted without your driver’s licence number.
- If you have a PO Box as a mailing address or work address, you will need to provide a physical address for these locations
- Non-Refundable Application Fee of $130.00
- By mail: cheque or money order payable to the Minister of Finance
- In person: cash, cheque, money order, debit, MasterCard or Visa
- E-transfer available. Please contact the office for instructions.
- A copy of your current driver’s abstract from MPI dated within 15 days of your application filing date
- Written documentation supporting your request for any driving privileges, in accordance with the Documentation Requirements (PDF, 222 KB)
If any changes happen between the time you file the appeal and your hearing date, you will need to submit a copy of these documents a minimum of two weeks prior to the hearing. For example, you change employers between when you file your application and your hearing date or the hours that you work change.
Once the application for appeal has been accepted, with full payment, you will be issued a receipt. You may take the receipt to an MPI Service Centre to obtain a 45 day permit (subject to eligibility). The LSAB does not issue the 45 day permit and the decision to grant a 45 day permit is up to the Registrar of Motor Vehicles only. If you are suspended as a result of a show cause hearing, it is recommended that you confirm with the Registrar of Motor Vehicles (Manitoba Public Insurance) whether you will be granted a temporary 45 day permit, prior to filing your appeal with the LSAB. You can determine your eligibility by contacting Manitoba Public Insurance – Driver Fitness by telephone at 204-985-1989 or toll free 1-800-665-2670.
- If you mailed your application form, you may call the office and request that the receipt be sent to MPI so that you can obtain your first 45 day permit or you can wait for the receipt to be mailed to you
- If you have not been scheduled for a hearing prior the expiry of your first 45 day permit, you may contact the LSAB office to authorize one additional 45 day permit. This should be done three (3) to ten (10) business days before the first 45 day permit expires. A second permit will not be issued if:
- a request for additional information has been sent and the additional information has not been received
- the first permit has already expired
- you received futher tickets while operating on the first permit
You may choose to instead revoke a request (for example, decide to no longer ask for driving for school purposes) however, if you revoke a request you will not be able to make a request to drive for that purpose during your hearing.
You will receive a “Notice of Hearing” and a copy of your driver’s abstract by mail approximately two to three (2 – 3) weeks prior to your hearing date. If you anticipate that you may be away when a hearing date is scheduled, please advise the LSAB by contacting our office immediately.
Once you have been scheduled for a hearing, you are required to attend. You may request an adjournment of your hearing date however, they are only granted in exceptional circumstances (medical emergency – documentation is required) and your hearing will not be re-rescheduled on a priority basis. If you do not appear or contact our office, your appeal will be cancelled and your file will be closed.
If your driver’s license was suspended by the Pennsylvania Department of Transportation (DOT/PennDOT), you’ll need to satisfy your suspension requirements before you can have it reinstated.
Your PA driver’s license may be suspended for reasons including:
- Driving under the influence (DUI) of drugs or alcohol.
- Refusing to submit to a blood alcohol concentration (BAC) test.
- Accumulating too many driving record points.
- Violating insurance laws.
- Reckless driving.
On this page you’ll find information about your suspended driver’s license and how to reinstate it.
About Your Suspended Pennsylvania License
The duration of your driver’s license suspension will vary depending on your offense/violation.
NOTE: If you were convicted in court, you may also face additional court penalties, including fines and suspensions.
For information about your specific driver’s license suspension:
- Contact PennDOT by phone:
- Within Pennsylvania: (800) 932-4600.
- Out of state: (717) 412-5300.
Check Your Driver License Status
Traffic law violations and offenses will be recorded on your driving record and can lead to license suspensions and driving record points.
If you accumulate too many driving record points, your PA driver’s license may be suspended, and you may also need to take an additional written point exam.
Is your driver’s license in danger of suspension? Check your driving record to make sure it’s in good standing.
PA Suspension Hearings & Appeals
While you cannot request an administrative hearing to contest your suspended license, you may request a Pennsylvania DMV hearing to:
- Request credit for time served on your suspension.
- Review/update your driving record.
- Request credit for an ignition interlock order.
- Appeal DOT decisions regarding your eligibility for a restricted license.
To request a Pennsylvania DOT administrative hearing, you will need:
- To write a letter that includes:
- Your name, driver’s license number, and date of birth.
- A statement of facts for your case.
- Legal issues that support your appeal.
- Your mailing address and phone number.
- Your signature and your lawyer’s signature, if applicable.
For more information on requesting a hearing, including the cost, what documents you need, and where you need to send them to, read the Driver Licensing Administrative Hearings fact sheet.
NOTE: To contest a suspended license resulting from a court conviction, you must contact the court that issued your suspension.
Get the legal help you need to reinstate your suspended PA license. Contact an attorney near you today.
Reinstate Your Suspended PA License
Your reinstatement requirements will vary depending on the reason for your driver’s license suspension.
The Pennsylvania DMV provides restoration requirement letters that explain the steps to reinstate your driver’s license. To obtain your restoration letter, either:
- Visit the PA DOT website and enter your:
- Driver’s license number.
- Date of birth.
- Social Security number (SSN).
- Within PA: (800) 932-4600.
- Out of state: (717) 412-5300.
NOTE: If you don’t request a restoration requirements letter online or by phone, the PennDOT will mail you one about 30 days before your suspension period is over.
You may be eligible to pay your reinstatement fees online using the Online Driver Services system.
Obtain a Restricted PA License
In Pennsylvania, you may be able to apply for a restricted license to use while your drivers license is suspended.
The PennDOT will review your request and either:
- Mail you a denial notice.
- Approve your request and instruct you to visit your local PA DMV office.
NOTE: Restricted license petition/application fees are non-refundable.
Occupational Limited License
Depending on the reason for your suspended license, you may be eligible for an occupational limited license (OLL), which allows you to drive to and from authorized locations.
NOTE: You are not eligible for an OLL if your license has been suspended for reasons including:
- Passing a school bus.
- Racing or reckless driving.
- Driving without headlights.
- Hit and runs.
- DUI offenses, if you haven’t served the minimum suspension.
For more information on OLL eligibility, please refer to the Occupational Limited License (OLL) Petition.
To apply for an occupational restricted license:
- Complete an Occupational Limited License (OLL) Petition (Form DL-15).
- You must have paid all court fees and fines.
If your driver’s license has been suspended for 5 years or longer, you may be eligible for a probationary license, which allows you to drive between 6 a.m. and 7 p.m.
To apply for a probationary driver’s license:
- Complete a Probationary License (PL) Petition (Form DL-20).
- Mail your application and payment to the address on the form. (See “Suspended/Restricted License Fees” below.)
Suspended/Restricted License Fees
Your driver’s license reinstatement fees will vary depending on the reason for your suspension.
For information about your reinstatement fees, you can either:
“But I need to keep my licence”. It is a phrase that we commonly hear after a person is detected for a traffic offence. A driver’s licence is a crucial part of modern day life.
Whether it be to travel to and from work, to take your children to and from school or simply that you live in an area without public transport. The inability to drive can have a significant adverse effect on people and it is not uncommon for people to wish to appeal their licence suspension in Victoria.
However, in Victoria, the Government has created a series of specific offences that incur a mandatory loss of licence when proven. This means that even if you take the matter before a Court and plead for the Magistrate to take mercy on you and allow you to continue to drive even for limited purposes (such as to and from work only), the Magistrate has no ability to make that Order.
Simply put, in Victoria, if you are found guilty of an offence that carries a mandatory loss of licence, your licence will be suspended or disqualified for the period set by the Government.
Some examples of why people think a Court may allow them to keep their licence are:
- My partner is unwell and I am his carer, I have to drive him to medical appointments;
- I need my licence to get to work, there is no public transport where I live;
- I need my licence to get to work I am a shift worker;
- I am a single parent and if I don’t have a licence I can’t get my children to school.
Some common examples of offences that carry a mandatory loss of licence are:
- Drink driving (1)
- Exceeding the speed limit by 25Kmh or more (2)
- Exceeding your allocated demerit points (3)
If you are detected of an offence that carries with it an immediate or mandatory suspension or disqualification of your licence you should contact our office to receive preliminary advice so that we can determine if there is a legal way that you can successfully challenge the charge. Receiving appropriate advice at an early stage may reduce complications for you in the future.
Unfortunately, it is not always good news, if you are detected of an offence that carries a mandatory loss of licence and if the Police have sufficient evidence to record a conviction for that offence then it is likely our advice will be that the suspension is unavoidable. We can, however, discuss this situation with you and see if there are any alternatives that can be explored.
If you wish to receive advice regarding a traffic offence where a mandatory loss of licence may apply or for any other traffic offence, please contact Scott MacDonald of our Warragul office.
1 Section 50 Road Safety Act (Vic) 1986
2 Section 89D Road Safety Act (Vic) 1986
3 Section 41A Road Safety Act (Vic) 1986
Appealing your motor vehicle suspension in Princeton, NJ is key to maintaining your driving privileges. Without them, completing the simplest of your daily tasks can become difficult. From traveling to work to running errands, your driver license suspension can put a damper on your life. Receiving a Scheduled Suspension Notice starts the process of appealing your motor vehicle suspension. This process entails only a few steps, though you are at the mercy of New Jersey Motor Vehicle Commision (MVC). The legal team at the Law Office of Douglas Herring is here to assist in this matter with the following information. While you may be able to achieve this on your own, appealing your motor vehicle suspension with a Princeton area lawyer may be your best bet. Follow the steps outlined below.
Read Your License Suspension Letter
First of all, you must read your Scheduled Suspension Notice provided by the MVC. The license suspension letter will outline the following for you:
- The reason for the suspension
- The duration of the suspension
The notice also states the date at which point your driver license will effectively go into suspension. Depending on the severity of the traffic offense, your suspension may last between 14 days and indefinitely. Some of the most common reasons for a suspension include:
- Accumulating too many points on your license
- Abandoning your vehicle
- Driving during a suspension period
- Operating a vehicle under the influence of drugs or alcohol
- Using a cellular phone while driving
- You are at fault in a fatal accident,
- And more.
Knowing this information will inform how you take action in the next step. The notice you receive also tells you that you can either accept the suspension or request a hearing.
Accepting the Suspension
If appealing your motor vehicle suspension is not something you want to do, you are effectively accepting it. All you have to do now is mail your license to the New Jersey MVC with the designated $100 restoration fee. Refer to the Suspension Notice for the address and make sure you send in your license and payment before the suspension date. Submit the bottom half of the notice along with your license and fee.
Sometimes, individuals facing a suspension do not know whether they have any other option. However, losing the ability to drive can affect your ability to earn a living wage or care for your family adequately. Are you unsure whether you can argue against the suspension? Call the Law Offices of Douglas Herring today at (609) 201-0155 to speak with an attorney who can listen to the details of your case.
Request a Hearing to Appeal License Suspension Decisions
If you want to fight against the Motor Vehicle Commission’s decision, you must first request a hearing. Submit an official appeal letter before the date your suspension takes effect. Your license suspension appeal letter must do the following:
- Make specific arguments to the facts of your suspension, as written in your notice
- Argue against specific laws you dispute, per the notice
Many motorists have trouble with this part of the license suspension appeal because the law is confusing, or it is hard to formulate specific arguments. Sometimes, appealing is not an option because you cannot challenge the circumstances of the suspension. A lawyer who hears your case can determine your best course of action.
Are you having trouble with your appeal letter? Speak with an attorney at our firm who craft a unique appeal letter and strategy to fight against your pending driver license suspension.
Attend the License Suspension Appeal Hearing
Go to the NJ MVC regional office in Trenton on the date of your hearing. A hearing agent will:
- Interview you regarding the circumstances under which your license faces suspension
- Ask you questions about your counterpoints and arguments
- Make a decision based on his or her findings during the appeal hearing
The hearing agent may repeal the suspension, reduce it or decide to allow the initial judgment to remain in place. Having legal counsel with you may improve your chances of eliminating or reducing the suspension based on his or her strategy and counter-arguments.
Once the hearing agent makes a decision, you may choose to accept it or challenge it with your attorney in the Superior Court.
Seek Legal Counsel from a Princeton Lawyer
Appealing your motor vehicle suspension can be a stressful or confusing task. Are you facing a license suspension due to a DUI or other infraction? Speak to a team member at the Law Office of Douglas Herring, who can start the license suspension appeal process on your behalf.
Are you unsure about your rights to appeal a suspension? Do not assume you have to go without legal access to your vehicle. Your ability to drive to take care of your family is our priority.
An attorney can listen to the circumstances of your case and possibly devise a strategy to reverse or reduce your sentence.
Call the Law Offices of Douglas Herring today at (609) 201-0155 to get a free case consultation and fight to preserve your right to drive.
Police suspend the licenses of drivers who refuse to take a test when they are suspected of drunk driving in Georgia. You can appeal the suspension by submitting a letter. It’s important to hit the deadlines and to get your letter requesting an Administrative License Suspension Hearing filed within 30 days. It’s vital to hit the deadlines for the 30-day letter to appeal a driver’s license suspension.
Drivers who police arrest for a DUI must submit to a state-administered chemical test of their breath, blood or urine under Georgia’s implied consent law. Refusal to take test results in the suspension of your license. Drivers whose licenses are confiscated receive a 1205 form that notifies them of the officer’s intent to suspend their Georgia driver’s license.
It’s important to act fast. Although the time limit to request an ALS (Administrative License Suspension) hearing was recently extended from 10 to 30 days, it’s still not much time.
Act Fast to Appeal a Driver’s License Suspension
You must pay a $150 filing fee. If you do not file your appeal, you will lose your right to drive on the highways of Georgia.
It’s easy to miss the window to file your 30-day letter. It should be sent by certified mail. This provides confirmation the letter was delivered to the Georgia Department of Driver Services if there is any dispute.
There are two types of license suspension if you fail to attend a hearing, a hard or a soft suspension. These are either a 12-month suspension or a 30-day suspension.
A 12-month suspension is known as a “hard suspension.” You will lose your driving license for a year if you refused to submit to breath, blood, or urine testing and fail to file an appeal.
Your license may be suspended for a month if you submitted to testing during your arrest for DUI. You may be able to drive on a restricted license and get your license back after 30 days if you attend DUI school.
In 2017, Georgia introduced a new law that allows people charged with DUIs to drive with an ignition interlock device as an alternative to fighting the suspension of their license at an ALS hearing.
Getting Help at ALS Hearing to Appeal a Driver’s License Suspension
Our attorney can help you with the ALS hearing. There are a few potential scenarios. If the police officer fails to show up, the action by the Department of Driver Services will typically be suspended and you will get your license back.
An attorney can challenge the legitimacy of the arrest. Often police officers make mistakes or carry out incorrect procedures. An attorney can also reach a deal with the officer who made the arrest for the DUI case to be resolved in a certain way on the condition you retain your license.
If you or a family member has been arrested for DUI or an officer took away your license, you should be aware of the importance of filing the 30-day letter to appeal a driver’s license suspension please contact our Georgia criminal defense team today at (404) 913-1529.
Learn more about the circumstances that can lead to a licence holder losing their licence, either permanently or temporarily.
We can revoke (take away) your licence if you no longer meet our licensing criteria. An example of when we might do this is if you are convicted of a relevant criminal offence.
We can also suspend your licence if we believe that you are a threat to public safety or that it is in the public interest to do so. An example of when we might do this is if you are under police investigation for a serious offence.
If we intend to revoke or suspend your licence we will write to you to tell you why. Our letter will also tell you how to appeal against our decision.
When we revoke your licence
We will revoke (take away) your licence if:
- you applied for it using fraudulent documents and/or using a fraudulent identity
- you allow someone else to use your licence to engage in licensable conduct
- you do not have the qualifications that you claimed to have on your application
- you receive a sentence or disposal for a relevant offence and the date your sentence restrictions end means that you fall into the ‘Automatic Refusal’ category of our licence criteria
- you do not have the right to work in the UK (unless you are a director of a UK-registered company)
We may also revoke your licence if:
- you breach our licence criteria (as set out in Get Licensed ( PDF , 3.03MB , 90 pages ) )
- you break any of the licence conditions – this includes any additional conditions that we have placed on your licence
- you do not do the training that we ask you to do
- you receive a sentence or disposal for a relevant offence and the date your sentence restrictions end means that you fall into the ‘Consider Additional Factors’ category of our licence criteria
- we decide that you are not a fit and proper person to hold a licence
We will write to you before we revoke your licence, telling you what we intend to do and why.
We will also tell you what you can do that might stop us from revoking your licence. This does not replace your right of appeal through the courts. It is an additional route of appeal that we offer so that you can appeal in a way that does not incur court costs.
If you respond to our letter we will take what you tell us into consideration. We may still revoke your licence.
If you do not respond to our letter we will revoke your licence automatically after 21 days.
Once we revoke your licence we cannot change our decision unless it is for one of the following reasons:
- our decision is found to have been based on information that is factually incorrect
- we are instructed to do so by the courts as the result of a legal appeal
You can appeal our decision to revoke your licence in a Magistrates’ or Sheriff Court. You must do so within 21 days of the revocation coming into effect.
Your licence remains ‘live’ during a court appeal. This means that you can still work during your appeal, unless we have also suspended your licence.
When we suspend your licence
We can suspend your licence for one or both of the following reasons:
- we believe that you may be a threat to public safety
- we believe that it is in the public interest to do so
For example, we will suspend your licence if:
- you have been charged with a serious relevant offence
- the police or another public body are investigating you for a serious relevant offence
Examples of what we mean by “serious relevant offence” are: terrorism, murder, manslaughter, rape, assault occasioning bodily harm (actual or grievous), battery, kidnapping, possession of indecent photographs of children, restriction of production and supply of controlled drugs.
If we suspend your licence, the suspension comes into effect immediately. You cannot legally undertake licensable activity while your licence is suspended – this includes during an appeal.
We will write to you when we suspend your licence, telling you what we have done and why.
You can appeal our decision to suspend your licence in a Magistrates’ or Sheriff Court. You must do so within 21 days of the suspension coming into effect. You can also tell us about any factual errors that may have affected our decision.
A licence suspension is not a punishment: it is a temporary measure that gives us time to look into your case and/or await the outcome of investigations being carried out by the police or other public bodies.
We can maintain the suspension until we are in a position to make one of the following decisions:
- lift the suspension and reinstate your licence
- require you to take some form of remedial action before we will lift the suspension (for example, we may require you to take additional training)
- take steps to revoke your licence
If you have been charged with a relevant offence
We will usually suspend your licence if you have been charged with a relevant offence. We may lift the suspension if you are found not guilty or the charges are dropped. Alternatively, we can maintain the suspension until we have all of the information we require to make a licensing decision. Our legal power to do this is explained in Get Licensed ( PDF , 3.03MB , 90 pages ) .
- 26 January 2021
Updated the ‘When we revoke your licence’ section to: clarify how we will consider new criminality on the licence holder’s record; clarify that “licence conditions” includes any additional conditions we have placed on the licence; make explicit that a licence may be revoked if the licence holder breaches our licence criteria. Updated the ‘When we suspend your licence’ section to include reference to open public investigations. Published a new version of the ‘Get Licensed’ document.
If you have received a Notice of Suspension you may be able to appeal to the Local Court. A successful appeal can mean avoiding the suspension entirely.
The laws around lodging your appeal are quite strict. It’s important to get the right information from the beginning. Read on for more information or call one of our Sydney traffic lawyers today for personalised advice.
Which licence suspensions can be appealed?
You can appeal against the following suspensions in NSW:
- Demerit point suspension of P1 or P2 licence
- Excess Speed Suspension for speeding over 30 kph or over 45 kph
- Immediate suspension by Police for speeding, drug driving and PCA
Can unrestricted licence holders appeal their demerit point suspension?
Unfortunately holders of unrestricted drivers licences cannot appeal against the suspension of their drivers licence for demerit points. This means that by the time an unrestricted licence holder receives the Notice of Suspension it may already be too late.
If you are an unrestricted licence holder, you need to avoid the demerit points from being recorded against you in the first place. This usually means electing to take your infringement to court before paying the fine (as opposed to paying the fine, waiting for the suspension notice and then appealing the suspension directly).
It is a good idea to speak to a lawyer as soon as you receive the penalty notice for your offence. If however you have already received the Notice of Suspension it is still worthwhile seeking legal advice as you might still be within the time limit to contest the original fine.
Time limit on lodging your appeal
It is vital that you lodge your appeal on time. If you miss the deadline the Court cannot hear your appeal, no matter how strong your case is. You will have to serve the suspension.
The time limit for lodging your appeal is 28 days from service of the Notice of Suspension. The Notice is ‘served’ 4 business days after postage, even if you don’t actually receive it until later.
Usually your Notice of Suspension will advise the last day to file your appeal.
Can I keep driving after I lodge my appeal?
In some cases you will be allowed to keep driving until the Local Court decides your appeal.
Whether you are allowed to keep driving depends on why your licence is being suspended.
Your Notice of Suspension will usually advise you whether you can keep driving until your appeal is finalised. Usually you will be allowed to keep driving if your licence is being suspended for:
- Demerit point suspension of P1 or P2 licence
- Excess Speed Suspension for speeding over 30 kph or over 45 kph
If you have received an immediate suspension by the police, you will normally have to remain suspended until your case is decided.
What orders can the Magistrate make?
Your appeal will be heard by a Magistrate. They will give you the opportunity to explain your side of the story and why you need your licence.
The Magistrate can take into account a wide range of information when deciding your appeal. The most common factors include:
- Your traffic record
- The circumstances of the offences leading to your suspension
- Why you need your drivers licence
- Any steps you have taken to avoid committing traffic offences in the future (such as completing a Traffic Offenders Program)
After weighing up each of these factor’s the Magistrate will make a decision. There are 3 orders that the Magistrate can make:
- Allow your appeal – you serve no suspension
- Vary the suspension period – you could serve a shorter suspension
- Dismiss your appeal – you need to serve the full suspension
Additional requirements for immediate police suspensions – ‘exceptional circumstances’
If your suspension was issued by a police officer, the Magistrate is required to consider an additional test before allowing your appeal.
The Magistrate can only overturn a police suspension if they are satisfied that there are ‘exceptional circumstances’ justifying the decision.
The ‘exceptional circumstances’ test sets a very high hurdle. For a situation to be exception doesn’t necessarily mean that it is unique, however it cannot be a common occurrence. Relying on your drivers licence for work is usually not enough on its own.
However, the Magistrate needs to consider person’s application on a case by case basis. You may have a particularly unusual situation or a combination of circumstances that make your case exceptional.
Can I appeal against the Magistrate’s decision
The decision of the Local Court Magistrate is final. There is no scope to appeal to a higher Court if you are unhappy with the outcome (unless the Magistrate applied the law incorrectly, which is extremely uncommon).
Since you only get one chance, it is important that you prepare and present your strongest case in the Local Court.
Article By: Sarah Marinovic
Sydney Traffic Lawyer
Sarah has focussed on traffic law for over a decade. She began her career prosecuting traffic and heavy vehicle matters for the RMS and then spent many years as defence lawyer in one of Sydney’s largest criminal and traffic law firms. More About Sarah
Having your license suspended or revoked can have devastating effects. Most people rely on their ability to drive to get to work or to pick up their children. Without a license you have to rely on family, taxis or buses and some people don’t have access to these alternatives. If the RMV has suspended or revoked your license you may appeal that decision to the Board of Appeal. The process is often confusing and difficult to navigate. This report helps to explain reasons you may have lost your license and how to appeal your suspension or revocation and request a hardship license.
Under Massachusetts law a driver’s license can be suspended or revoked for a variety of a reasons including:
- 7 surchargable offenses within a three year period- 60 day loss
- Immediate threat – If the RMV determines that allowing you to continue driving poses an immediate threat to public safety, for either medical reasons or evidence of dangerous driving-license can be suspended immediately for an indefinite period of time
- Certain criminal offenses including operating under the influence, certain drugs charges-loss determined by charge
- Habitual traffic offender – three major moving violations or twelve minor moving violations within a period of five years. Major moving violations include operating a motor vehicle recklessly or negligently, leaving the scene of an accident, operating a motor vehicle with a suspended license or operating a motor vehicle without a license, and committing a felony with a motor vehicle. Minor moving violations include: speeding tickets, driving with an expired inspection sticker, or driving with an unregistered motor vehicle- 4 year license loss
The first step to appealing the RMV’s decision or to apply for a hardship license is to appear before the RMV. If your license is suspended or revoked, you have the right to a hearing with a Hearings Officer at a RMV location that holds hearings. The hearing is somewhat informal and it will typically be held in an office. At your hearing, the RMV Hearings Officer will review your case, including your driving record and all applicable laws and regulations. You have the right to be represented by counsel at any RMV suspension / license reinstatement hearing.
In some instances you may be able to apply for a hardship license. A hardship license or Cinderella license allows you to drive for twelve hours. The RMV will consider a hardship license in the following offenses:
- Operating under the influence
- First offense alcohol or drug program
- Drug conviction
- Habitual traffic offender
To be eligible for a hardship license, you are required to present proof that you do not have access by public transportation to your required destination. You may also have to serve a certain period of the suspension/revocation prior to being able to apply for a hardship license.
Appealing to the Board
If your appeal of the suspension or revocation has been denied or your hardship license has been denied by the RMV you have the right to appeal the decision of the RMV to the Board of Appeal on Motor Vehicle Liability Policies and Bonds (the board) under G.L. c. 90 section 28. The statute authorizes the Board to reverse a Registry hearing officers decision. The Board is given broad power to modify or annul license suspensions & revocations. The Board of Appeal also has the power to order the Registry to issue hardship licenses.
Depending on the length of the license loss, a hearing will be scheduled within two to twelve weeks of filing. Priority is given to individuals with shorter suspension periods.
The Hearing Before the Board
Board of Appeal hearings are more formal than Registry hearings. The hearings are conducted in public courtrooms or hearing rooms before the three members of the Board. Witnesses are sworn in at these hearings, certain rules of evidence and procedure apply, and all testimony is recorded. You have the right to be represented by an attorney at this hearing, which is recommended.
At the hearing a RMV officer will present the board with a copy of your driving history and notes your current license status, the type of suspension or revocation, its duration, and the grounds for the RMV’s action. After the board’s initial questions, your attorney will be invited to present your case.
The board while then decide whether or not they will grant you a hardship, overrule the RMV’s decision and reinstate your license or if they will affirm the RMV’s suspension. The decision is based on a majority vote of the three board members. All appeals are taken under advisement, this means will not be notified on the date of the hearing if your license has been reinstated. You will be notified of the decision by mail, usually within a few days.
An experienced attorney will be able to draft your memorandum and put forth the best possible argument on your behalf in front of the Board of Appeal’s. If your license is suspended and you are looking to appeal the RMV’s decision or if you are seeking a hardship license contact Attorney DelSignore at 781-686-5924.
Is it Possible to File an Appeal if Your License has Been Suspended in Pennsylvania?
There are numerous reasons a driver’s license might be suspended by PennDOT, including obvious reasons like driving under the influence of drugs or alcohol or being cited with reckless driving.
There are also other non-driving reasons like failing to appear in court, failing to pay traffic tickets, and not paying child support.
If your license was suspended by PennDOT due to any of those reasons, you do have 30 days to file an appeal.
Appealing a DUI license suspension through PennDOT is NOT the same as filing an appeal for DUI, which is done under a court of law.
While overturning a license suspension through PennDOT is a difficult challenge, there may be some benefits under certain circumstances to filing an appeal, pushing back the date of a license suspension.
One benefit of filing a license suspension appeal is that you can get a delay in the suspension for six months to one year. If you are currently employed and need a vehicle to get to work or for child care, this is one option that can help in the short term.
If you were charged with DUI and you refused a breathalyzer or a blood test after your DUI arrest, your license will be automatically suspended. An appeal against a license suspension from PennDOT will go through the civil courts, but you will also face charges in criminal court for DUI.
If you were denied or recalled an Occupational Limited License (OLL) or your Probationary License denied, recalled or cancelled, the same process applies and you have 30 days to make an appeal.
There is typically a $100 filing fee for the license suspension appeal to go to hearing. For more information on filing an appeal see the PennDOT fact sheet on Driver Licensing Administrative Hearings. You may also contact an attorney who specializes in license suspension in Pennsylvania, like Ketchel Law, for a free consultation.
Everyone has different circumstances that will determine the course of action, such as your driving record, prior DUI arrests or a criminal record, and the type of license that you hold.
It is very helpful to have an experienced License Suspension Attorney in Pennsylvania explain the charges, your rights, the process and why it may or may not be beneficial for you to file an appeal.
If your license was suspended in Western Pennsylvania, call Ketchel Law for a free consultation.
Getting pulled over and then informed that your license is suspended can be a shock. “What?” you say. “I never heard anything about that. Can my license be suspended without notice? I don’t recall doing anything to get my license suspended to begin with.” And you may wonder what the suspended license reinstatement process looks like.
Unfortunately, whether or not you knew about the license suspension for drinking and driving won’t make much of a difference to the patrol officer. You will likely find yourself with an additional ticket and probably in the back of a patrol car headed to the police station anyway.
Resolving the issue will require you to get in touch with a court or the Michigan Secretary of State’s Office. And that may lead to your next mountain to climb.
“Why is it so hard to get in contact with the DUI court? I’m making so many calls, and I just end up going around in circles!” That may be the reaction you or your loved one has while attempting to resolve that issue on your behalf.
In both cases, being prepared with some basic information about how it all works can make a difference. The following general answers may help.
Can my license be suspended without notice?
When people move from one place to another, a license suspension notice could mistakenly be sent to the original address. As a result, your license may be suspended without you even knowing it.
“If I didn’t know my license was suspended, there was nothing for me to fix, so I shouldn’t get into more trouble for that. That’s not fair,” you think.
That is true to a certain extent; if you didn’t receive a notice that your license was suspended, you most likely went about life as usual. You may be able to make this argument in order to reduce the penalties against you, but you would still have to resolve the issue that got your license suspended to begin with.
Another possibility is you were summoned to appear in court for any number of issues, but you didn’t receive that notice for one reason or another. If that were to happen, you would have two weeks to respond. Without a response, your driver’s license would be suspended indefinitely.
How do I get a suspended license reinstated?
Getting a suspended license reinstated typically isn’t too difficult as long as you have completed your suspension term. You would simply submit a request through the Michigan Secretary of State’s office.
How much does it cost to get your license back after a suspension in Michigan?
The standard reinstatement fee is currently $125, but there may be additional fees. Depending on the circumstances of your case, they may possibly include:
- A $50 admin fee to the Secretary of State’s office
- A $35 fee for the Michigan Department of Transportation’s Economic Development Fund
- $10 for the Drunk Driving Prevention Equipment & Training Fund
- $30 for the Drunk Driving Case Flow Assistance Fund
You might not have to pay any of these fees depending on your situation, but we want you to be aware of the possibility.
How long do I have to wait before I can get my suspended license back?
How long your license is suspended depends on how high your blood-alcohol content was at the time of your arrest as well as how many DUIs you have had.
After a first DUI, your Michigan driver’s license will be suspended for six months, but you may be able to apply for a restricted license after 30 days. However, if your BAC was 0.17 or higher, which is considered “super drunk,” your license would be suspended for one year.
Furthermore, if you have two or more DUIs within a seven-year period, your license would be revoked rather than suspended. Getting your license back after a revocation is a very different and more involved process, which we talk about in detail in many of our past blogs .
How do I get in contact with the DUI court?
If you didn’t know your license was suspended and you got pulled over and arrested, things likely became complicated quickly. You may need to get in contact with the DUI court in order to get all of these issues resolved. You also would need to do so if you are trying to get your revoked license restored.
You may have to submit a “request for hearing form” and a substance abuse evaluation form if you are trying to schedule a time to plead your case to get a revoked license back. The address is Michigan Department of State, Office of Hearings and Administrative Oversight, P.O. Box 30196, Lansing, MI 48909-7696.
You may also submit the forms electronically through the Driver Appeal Integrated System (DAIS) by first setting up an account at milogin.michigan.gov.
Finally, you can call 1-888-SOS-MICH (1-888-767-6424) if you have questions.
If you know you may be eligible to get your Michigan driver’s license reinstated in…
Michigan has multiple laws that prohibit operating a vehicle while under the influence of alcohol…
License suspensions can occur for any number of reasons, and not all of them are…
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