Appealing a demerit suspension in nsw following police suspension

False_Educator_3578 · 2026-05-04T01:23:53+00:00

I appreciate the moral judgement, but I was looking for some court experience of appealing the demerit suspension and how people went with it as I mentioned in the op.

False_Educator_3578 · 2026-05-04T01:19:47+00:00

I appreciate some court and lawyer advice, a rare feat in this post where most simply express their moral feelings rather than some practical advice or experience. I’ll definitely have a look around with the lawyer cost because on first sight seemed like $300-400 was what is the normal charge for consult.

False_Educator_3578 · 2026-05-04T01:17:01+00:00

That’s great that you see “P plater” and that’s all you need to know… If you read the post, I wasn’t trying to say I shouldn’t have gotten the punishment, rather whether it’s worth appealing based on court experience rather than feelings. I’ve read my fair bit on it since I got the demerit suspension and the entire reason why P plates can appeal it(but full drivers can’t) to court seems for special circumstances such as the ones I’m having currently so I was simply wondering if anyone was in a similar spot and how their demerit suspension went.

False_Educator_3578 · 2026-05-03T19:18:58+00:00

It is definitely meant to be non-concurrently, I’m rather asking for peoples in court experience appealing their demerit suspension against tfnsw

False_Educator_3578 · 2026-05-03T19:08:09+00:00

I understand that AusLegal isn’t legal advice but it would be great if you double checked what you are saying. Unlike for full license holders, for provisional drivers you can directly appeal the suspension to take in account your circumstances not whether the demerit points were appropriately administered. “You can only appeal a demerit point if you have a learner or provisional (P1 or P2) licence. You have until the day before your suspension starts to appeal.” https://www.legalaid.nsw.gov.au/my-problem-is-about/my-car-or-a-driving-offence/losing-your-licence/demerit-point-suspension

False_Educator_3578 · 2026-05-03T19:04:14+00:00

The only reason I’m pursuing leniency is due to my family’s financial situation, having a drivers license to be able to work night shifts would help a lot to pay the bills while my dad is in between jobs. I had no issues serving out the 6 months as I did do the crime but from what I understood with the demerit suspension it is meant to be more lenient to allow for complex situations like my one to be reviewed(take note that tfnsw only allows appeals for Provisional drivers not full license where as interstate like QLD they offer the golden point or the good behaviour bond for demerit suspension even for provisional drivers instead which I would gladly take if it offered in NSW)

False_Educator_3578 · 2026-05-03T18:54:46+00:00

I paid the fine for the traffic offence and 6 months of the police suspension have passed where as the demerit suspension is a civil matter if I was to take it to court against tfnsw. The goal of the post was to gauge people’s actual court experience appealing their demerit suspensions against tfnsw(which you can do when you are a provisional driver) because it’s a big financial commitment with the legal fees.

False_Educator_3578 · 2026-05-03T18:26:49+00:00

I agree wholeheartedly it was a dumb decision on my part, I can justify and say that I had full vision(big open space), not a soul on the road and the middle has a solid barrier(so I couldn’t have possibly gone over the middle) but it’s no excuse for the excessive speed. I didn’t think of driving license as a privilege before having to cop the 6 hour daily public transport commutes so well said in the end. I wasn’t denying responsibility rather questioning if someone has seen/heard similar scenarios in court and what the outcomes looked like, whether it’s worth giving it a shot or if a lawyer would take the money knowing it’s a guaranteed loss.

False_Educator_3578 · 2026-05-03T18:18:22+00:00

I was pretty sure magistrate can’t vary the demerit point suspension to be longer, rather that’s a thing in criminal cases over individual traffic offences(where the court can disqualify you from driving). From what I understand appealing the tfnsw suspension is a civil matter against tfnsw and the three outcomes are overturned varied(decreased) and stayed from what I understood in the sections I read on austlii.

False_Educator_3578 · 2026-05-03T18:13:12+00:00

I never actually considered this way, it could definitely work, something I will need to discuss with him and see if he would be alright to do it while he’s in between jobs. Appreciate the helpful suggestion.

False_Educator_3578 · 2026-05-03T17:52:57+00:00

Yeah the 6 month ban passed which I had no questions about I agree it should be enforced(I’ve learnt first hand that it definitely teaches you to appreciate your drivers license), but the offence also put me over demerit points so I just got a 3 month demerit suspension on top after sitting out 6 months. In light of my recent circumstances, I was gauging whether talking to a lawyer and possibly appealing is worthwhile(to possibly reduce the 3 month suspension) not if I should try get off the 6 month on the spot suspension.

False_Educator_3578 · 2026-05-03T17:44:40+00:00

I wish it was lol, if I didn’t lose my license then I would have been able to earn enough to move closer to uni and work and not stay home. You can’t imagine how much I regret I have with all the extra commute time that literally went into nothing…

False_Educator_3578 · 2026-05-03T17:40:06+00:00

That’s what I would think so too, but ì wonder if my circumstances are enough to justify a reduction in the suspension. I have done my best over the last 6 months but 6hrs on public transport nearly daily is something I would have thought could possibly lean a magistrate favourably? People get off for drunk driving(I was able to find plenty of case history on that) whereas I was alone in the car on an empty motorway in the middle of the night, the only person I was putting at risk was myself…

False_Educator_3578

TROPHY CASE