Article Category - Criminal Law and Traffic Offences By Angus Edwards 01 July 2021

This is particularly relevant for driving offences where you may have already paid a fine, and later receive a nasty surprise in the mail that your licence is being suspended.

We've seen this happen with offences such as a low range drink driving offence, or speeding offences in excess of 30km over the speed limit.

If you receive a suspension notice after paying a fine, you have 90 days from when the penalty notice was issued to elect go to Court, under s 23A of the Fines Act 1996 (NSW). You can then have the matter heard by the Magistrate who will determine what penalty should be imposed, and advocate to keep your licence. This option is referred to as 'Court Elect".

If you Court elect after paying a fine, the amount paid is repayable to you and any action taken to record demerit points against you must be reversed until after the Court matter is dealt with. How you can Court elect is usually set out in the penalty notice you receive.

For assistance with your licence suspension contact our office on (02) 6331 2911. Our experienced team is here to help with all traffic matters, and are available for appointments in Oberon, Bathurst, and Lithgow.

Shanaya Stapleton | Law Graduate &

Angus Edwards | Principal