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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have a question relating to demerit points and licence

Customer Question

Good morning I have a question relating to demerit points and licence suspensions.
I have just received notification from the Rms of a pending 3 month suspension of my licence for demerit pionts violation.
I first lost 8 points in February 2015 on a double demerit point weekend. My second offence was in August 2015 and the final offence was a neg driving fine post an accident in February 2016.
As a result of the accident I was hospitalised for aprox 8 weeks and never received the fine supposedly mailed to me. The first I was made aware of the fine was when a reminder arrived in the mail in late April. At this time I attempted to lodge an appeal against the fine but was told that it was too late to appeal it. I the. Requested the matter be heard in court again I was told it was too late to request this. I then called the SDRO and asked what my options were I was told to wait until an enforcement order was issued and the I could appeal the fine again but I would need to prove the fact I didn't receive the original fine in the mail and that if the appeal wasn't successful I could the. Have the matter heard in court.
Again no enforcement order was received only a notice of intention to suspend by licence. Can you advise me of my legal rights in this matter.
Thank you.
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

They should have set out the demerits that you have accumulated.

If they have not done so in the letter you have to go and see them.

If you have a letter that you will be suspended then you should have the option for a 12 month good behaviour licence.

If you have details of the fine and infringement you can apply to have it annulled. But in most cases you would ave had to pay the fine to accumulate the demerits.

So you have anything about the fine?

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