At D M S Lawyers, we can assist you in a number of other driving related offences and licence appeals in addition to drink driving, driving above the prescribed concentration of alcohol, and driving under the influence of drugs offences.
There are hundreds of different types infringements / offences that can be committed although most are dealt with by way of a traffic infringement issued by the Police Officer at the time of the offence occurring.
This is an alternative to the matter being prosecuted by way of a Court Attendance Notice that is issued for more serious or repeat type offending behaviour.
Whilst many traffic infringements provide the option of electing to have the matter dealt with in Court it is strongly advisable to contact a solicitor prior to making such an election for advice. Electing to take the matter to Court may result in a criminal record, larger fines and Court imposed disqualifications that would not otherwise have existed if you simply paid the traffic infringement.
There may be other avenues such as Licence Appeals that D M S Lawyers can advise you of. Be careful of any time limits that may be set by the infringement or any letter you may receive from the Police or Roads and Maritime Service Authority or other organisation that may limit when you can and cannot take certain action or file an appeal. Failure to abide by time limits may result in you losing the right to appeal or challenge an offence.
- Additional Driving Offences Table
- Traffic Offences Table
- Drink Driving Penalty Table
- Drug Driving Penalty Table
- RMS General Driving Offences
Speeding Licence Appeals
If you are speeding in excess of 30km per hour or in excess of 45 km per hour, apart from large fines the Roads and Maritime Services Authority will also suspend your driver’s licence for a period of time. In the case of driving in excess of 30 km per hour this period of time is 3 months and in the case of 45 km per hour or more it is 6 months. A suspension is not a Court imposed disqualification where you actually lose your licence and have to reapply. With a suspension you simply are not legally allowed to drive in the specified period but at the end of the period you may continue to drive as long as you have a valid licence and there are no other reasons preventing you from driving.
The Roads and Maritime Services Authority will send you a Notice of Suspension after you have paid your infringement given to you by the police. This suspension will identify a period that you are not permitted to drive in, which is the suspension period.
If you drive in the suspension period you can be prosecuted and may lose your licence for a mandatory 12 months or 2 years, depending on the offence you are charged with, in addition to receiving a very large fine from the Court and a criminal record.
It is however possible to file with the Court an appeal with respect to the issue of the suspension period. This is not challenging the speeding offence. There are strict time limits that need to be complied with in order to file an appeal.
To explore your options with respect to Licence Appeals and seeking to have the suspension reduced or quashed all together then please call David or Samantha.
Demerit Point Licence Appeals
Learner and Provisional drivers who have exceeded their maximum demerit points may appeal a suspension subsequently given to them by the Roads and Maritime Services Authority.
If you are a learner or provisional licence holder who has received a notice of suspension from the RMS for demerit points, then please contact David or Samantha of D M S Lawyers to discuss your options concerning appealing the suspension. There are strict time 28 day limits that apply to making such an application and if your appeal is not filed with the Court within the time limit then you will likely lose your right to file the appeal.
A full licence holder may have the option of approaching the RMS and applying for a good behaviour licence although if you breach the terms of that licence then longer suspension periods will apply.
Quashing Habitual Offender Declaration
If you end up being convicted of more than 3 relevant offences within a five-year period, then the Roads and Maritime Services Authority will declare you a Habitual Traffic Offender. If you are declared a Habitual Offender, then the RMS will impose an additional 5-year disqualification on top of any Court imposed disqualification.
A relevant offence includes any PCA offence, DUI, Manner / Speed dangerous, Furious / Menacing / Reckless driving, Negligent driving causing Grievous Bodily Harm or Death, Not stop render assistance, Disqualified, Cancelled or Suspended driving, Unlicensed, (never having held a licence, or second drive whilst unlicensed), Refuse Breath or blood /urine test, or Willfully alter Concentration or speeding offences in excess of 45 km per hour.
Whilst the Court cannot at a later stage reduce the past Court imposed disqualifications, the Court can decide to quash a habitual offender declaration. This can be at the time of sentencing or at a time in the future.
Contact David or Samantha at D M S Lawyers to discuss your options around quashing any habitual offender declaration or declarations that you may have had.