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In Melbourne, under the Road Safety Act (RSA), section 85S provides a framework for individuals to appeal an immediate licence suspension.
If your driver’s licence has been suspended under certain conditions, this section outlines how you can challenge that decision in the Magistrates’ Court.
If your licence has been immediately suspended, you have the right to appeal to the Magistrates’ Court under Section 85S of the RSA.
The primary test for this appeal is that you must demonstrate exceptional circumstances exist that justify the cancellation of the suspension. In other words, you need to show why the suspension should not stand in light of your unique situation.
The term “exceptional circumstances” is not specifically defined by the RSA, but it refers to factors that are unusual, special, or out of the ordinary—essentially, reasons that make your case different from the typical situation. To determine whether you meet the exceptional circumstances test, you would need to consider your specific circumstances in consultation with a traffic lawyer.
Some examples of exceptional circumstances might include:
You are the only person who can care for a disabled child or a terminally ill relative.
The case against you is particularly weak or lacking sufficient evidence.
Losing your licence would have a severe impact on your livelihood or the well-being of your family members.
The appeal is not based on what is “unusual” but on something that stands out as compelling in the context of your case.
Under Section 85U, the Magistrate hearing the appeal cannot examine or cross-examine the details of the alleged offence that led to the licence suspension, unless the defence lawyer deems it necessary.
This is to prevent the appeal process from turning into a re-hearing of the original charge.
Section 85V protects the accused’s right to a fair trial. If you’re appealing a licence suspension, any evidence presented during the appeal cannot be used in your trial for the underlying charge.
This ensures that the appeal remains separate from the main legal proceedings.
An immediate licence suspension can have serious consequences on your day-to-day life, including:
Given the potential impact of an immediate licence suspension, it is important to carefully consider whether exceptional circumstances apply to your case and to seek professional advice.
If your licence has been suspended under Section 85 of the Road Safety Act, it’s important to consult with a traffic offence lawyer. A lawyer at MK Law can help you understand your legal options, prepare your case for the Magistrates’ Court, and present a compelling argument that justifies the cancellation of your suspension based on your unique circumstances.
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The immediate suspension of a licence under the RSA can be a major disruption to an individual’s life, but there is a legal process available to challenge such a decision.
If you believe that exceptional circumstances exist that would warrant the cancellation of your suspension, it is crucial to consult with an experienced traffic lawyer who can guide you through the appeal process effectively.
An expert at MK Law can help you. They can tailor a defence relevant to your case and guide you through the process.
Do not delay, contact MK Law today on 1800 130 120, for confidential expert advice.
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