One of the most common traffic matters heard in the Local Court are when Provisional 1 drivers request that their three month driving suspension incurred due to speeding be quashed.

Most P plate drivers are aware that their amount of demerit points is significantly less than unrestricted drivers. They are also aware that they can’t go above 90km/hour or have more than one passenger after 11:00pm.

However what is less commonly known is that any speeding offence committed on a Provisional 1 licence (red p’s) incurs a minimum three month suspension. This is because any speeding matter will automatically incur 4 demerit points, the limit for a P1 driver.

Further, if a Provisional licence driver is disqualified by the court, they must not carry more than one passenger at any time while driving for 12 months after the disqualification period is over.

What should I do next?

1. Pay your speeding fine: there is the option of not paying the fine and instead electing to have the matter heard in court in front of a Magistrate. However, for this to mean avoiding the 4 demerit points, you will need to convince the magistrate to deal with your matter without a conviction(which has a higher threshold than an RMS Appeal).

2.  Receiving your Notice of Suspension: A few weeks after paying your speeding fine, you should receive a Notice of Suspension from the RMS informing you of your 3 month suspension. This Notice will also inform you of your right to appeal.

3.  File your appeal: Within 28 days of receiving your Notice of Suspension you should file your appeal online at Online Registry or at the Local Court. If you lodge an appeal you can continue to drive pending the hearing of the appeal.

4.  Attend the hearing: You can either attend the hearing by yourself or speak to a lawyer who is experienced in the area. If the suspension is significant to you, we recommend seeking legal representation. This is a highly technical area and a lawyer will give you the best chance of a positive outcome. The RMS will be represented by a lawyer.

5.  At the hearing you or your lawyer will need to tell the court three things:

• The circumstances of the offence: this is generally the ‘five W’s’, namely: when did the speeding offence take place; what happened at the time (was it a camera or did a police officer pull you over); where it happened; why it happened (was there any legitimate explanation for your speeding?
• Your Traffic Record: Having a clean traffic record is a major plus as is establishing your prior good character.
• Your need for a licence: You must be in a position to support this with evidence. For example, a reference from your employer or a client detailing your need.

6.  Results of the Hearing: Generally, the Local Court makes one of the following orders:

• Dismisses your appeal (which means you have to serve the full three months);
• Quash your suspension; or
• Reduces the period of your suspension.

Both Zoe Whetham and Justin Wong have high success rates in these matters. Zoe as recent as last week successfully appealed a licence suspension in Campbelltown and the client was able to continue to drive.

If you have received a Notice of Suspension as a P plate driver for speeding, or any driver for a traffic offence, you can easily contact one of our lawyers for a FREE consultation and advice on how to best resolve the problem.

Photo by Taras Makarenko