Getting Your Licence Back
In New South Wales all applications to avoid penalties (including licence suspensions) on traffic matters occur by way of a Section 10 appeal.
This appeals process will also cover anyone seeking a ‘work licence’ or ‘restricted licence’ to allow them to do any driving which may be necessary for work or other reasons.
Recent changes to the law in NSW mean that a Section 10 appeal can be made to avoid a demerit point suspension.
Section 10
Section 10 of the Crimes (Sentencing Procedure) Act 1999 is the general provision giving the court the power to decline to record a conviction and/or impose a penalty despite a finding of guilt.
Section 10 allows the court may make one of the following orders:
- An order directing that the relevant charge be dismissed (effectively declining to impose a punishment or a conviction notwithstanding that the offender is guilty of an offence);
- An order discharging the offender on the basis of a good behaviour bond of up to two years;
- An order discharging the offender on the condition that they participate in an “intervention program” (for example, a traffic offenders program or drug/alcohol rehabilitation).
In deciding whether to exercise their power to decline to record a conviction, the court is required to take into consideration the following:
- A person’s character, family/social background, age, health and mental condition;
- The trivial nature of the offence;
- The extenuating circumstances in which the offence was committed;
- Any other matter the court thinks proper to consider.
Work licenses and restricted licenses
There is no specific mechanism for the issuing of work licenses or restricted licenses in New South Wales. If you need a license to be able to work, then this is dealt with by a Section 10 application.
The extent to which a suspension would prevent you from working or restrict other essential travel can be considered in your application. The Court will also consider the seriousness of the offence and your character generally in deciding whether to allow your appeal.
Traffic Lawyers for Licence Renewals
LAC Lawyers have a team of lawyers with the experience in traffic law cases that you need to get the best outcome. The following is a selection of our practicing traffic lawyers.
How LAC Lawyers can help
LAC Lawyers can advise you of your rights and prepare any application that may be necessary in order for you to retain your license.
Please call LAC Lawyers Sydney on 1300 799 888 to make an appointment to discuss the specific circumstances surrounding your case and act for you regarding a Section 10 application.
If you would like to make a Section 10 appeal, you need the best legal assistance available. LAC Lawyers offer fixed fee legal representation for all traffic law matters. Call today on 1300 799 888 (Sydney) for advice and representation.
Getting Your Licence Back Articles
Demerit Points Can Now Be Avoided By Making A Court Election
Date: March 17, 2011
Author(s): Jana Whitby B.A., LL.B. (Hons.)
As a result of a recent change of law, individuals charged with traffic offences can now avoid having demerit points imposed by the RTA if the charges are ultimately dismissed by a Court.
MERIT (Magistrates Early Referral into Treatment)
Date: March 17, 2011
Author(s): Annette Wood B.A. (Policing), LL.B.
The aim of MERIT is to break the cycle between drugs and crime by involving defendants in treatment and rehabilitation. Under a new trial funding arrangement, MERIT is being trialed at Manly and Wollongong Local Courts for adults with alcohol problems.
The Difference between Prescribed Concerntration of Alcohol (PCA) Offences and Drive Under Influence (DUI) of Alcohol or Drug
Date: March 10, 2011
Author(s): Annette Wood B.A. (Policing), LL.B.
Police are able to conduct breath tests on drivers in NSW under certain circumstances. When a driver has been involved in a motor vehicle accident, when stopped for their manner of driving, or as it often the case at random breath test stations.
Drink Driving - What Happens When You Go To Court
Date: November 10, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Check out our step by step guide on the court porcess for drink driving.
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Criminal Law - Drink Driving Summary
Date: October 21, 2008
Author(s): LAC Lawyers
Everything you need to know about drink driving...
Criminal Law - Traffic Offenders Program
Date: October 21, 2008
Author(s): LAC Lawyers
Some common questions about the Traffic Offenders Program
Drink Driving - Your Rights, Police Powers, Court Penalties
Date: September 01, 2008
Author(s): LAC Lawyers
Read on to find a list of commonly asked questions as well as an overview of likely penalties according to your Prescribed Concentration of Alcohol (PCA).
Drink Driving - Legal Representation Is Your Best Bet
Date: December 13, 2007
Author(s): LAC Lawyers
Drink Driving is a crime that people, including professionals, are increasingly being charged with nowadays. On many occasions it is a first offence where one misjudges how much they had consumed, assumes they are within their legal limit to drive, and are then, to their misfortune, stopped by Police and charged.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Criminal Law - Serious Traffic and Drink Driving Offences
Date: February 16, 2006
Author(s): LAC Lawyers
Criminal Law - Sentence and penalty options available to courts if convicted of a criminal offence
Date: September 26, 2005
Author(s): LAC Lawyers
Murder. Bigamy. Robbery. Bushfires. Terrorism. Domestic violence. Computer offences. Concealing the birth of a child. Fraud. Rape. The list of criminal offences for which a person may be convicted in any Australian jurisdiction is extensive.
The Criminal Aftermath of Drink Driving: Penalties and Sentences
Date: September 22, 2005
Author(s): LAC Lawyers
Drink driving is an offence under the Road Transport (Safety & Traffic Management) Act 1999 (NSW) (the “Act”). In New South Wales there are effectively five categories of “prescribed concentration of alcohol” (PCA) offences.