Traffic Appeals

• Infringement Notices: Generally, you must lodge an appeal within 28 days from the date you were notified.
• Court Decisions: Appeals against convictions or sentences must usually be filed within 28 days of the decision.

Missing these deadlines can result in losing your right to appeal, so acting promptly is crucial.

Before appealing, consider:

• Requesting a Review: Some agencies offer internal reviews of infringement notices.
• Applying for a Section 10 Order: In court, you may ask for a non-conviction order to avoid a criminal record.
• Traffic Offender Programs: Participation may assist in mitigation.

If you are considering an appeal or have questions about your traffic offence, seeking early legal advice is highly recommended to maximise your chances of success.

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Be prepared to explain:

• Why you need your licence (e.g. work, family, medical)
• How the loss of licence would cause unreasonable hardship
• What steps you've taken to improve (e.g. Traffic Offender Program, character references)

Dress appropriately and be respectful in court and bring:

• Your driving history
• Character references
• Evidence of employment, health needs, family obligations

However, it is important to note that:

• The court cannot hear appeals for all offences. For example, you cannot appeal a court-imposed disqualification unless specific legislation allows it (e.g., via section 221B of the Road Transport Act).
• Appeals are not about whether the offence occurred, but whether the suspension is fair and appropriate in the circumstances.
• If you drive before your suspension is lifted or varied by the court, you may face criminal charges for driving while suspended.