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Manly Licence Suspension Appeal Case Study: 3-Month Speeding Suspension Cut to 2 Weeks (NSW)

Name: Manly Licence Suspension Appeal Case Study: 3-Month Speeding Suspension Cut to 2 Weeks (NSW)
Uploaded: 2024-07-13T00:00:00+10:00
Duration: 4 min 17 s
Description: A driver with a poor traffic record appealed a mandatory 3-month suspension for speeding 30 to 45 km/h over the limit. With the Traffic Offenders Program, references and an apology, Manly Local Court reduced the suspension to 2 weeks.

By Joshua Boorman, Principal, Boorman Lawyers · 13 July 2024 · 4:17 video

Jurisdiction: New South Wales
Court: Manly Local Court
Charges: Licence suspension appeal: speeding more than 30 km/h but not more than 45 km/h over the limit
Outcome: Appeal partly upheld. The 3-month suspension was reduced to 2 weeks.
Filmed: July 2024

Summary

A driver with a poor traffic record appealed a mandatory 3-month suspension for speeding 30 to 45 km/h over the limit. With the Traffic Offenders Program, references and an apology, Manly Local Court reduced the suspension to 2 weeks.

Key takeaways

Joshua explains that speeding 30 to 45 km/h over the limit carries a mandatory 3-month suspension in NSW.
The same offence also triggered a separate demerit point suspension, which the client could deal with on a good behaviour licence.
The client's record of about 10 or 11 entries, including two mobile phone offences, counted against him.
On an appeal, the court can waive the suspension, reduce it, or dismiss the appeal.
The magistrate reduced the 3-month suspension to 2 weeks.

A licence suspension appeal at Manly

In this Manly licence suspension appeal case study, Joshua Boorman appeared at Manly Local Court in Sydney on a licence suspension appeal. His client had been caught speeding between 30 and 45 km/h over the limit, which Joshua describes as a high range speeding offence in New South Wales. That type of offence attracts a mandatory 3-month licence suspension.

This was the client’s own application to the court, rather than a case brought by police. The prosecutor on the day came from the transport department.

A complication with demerit points

Joshua explains that the matter was more complicated because the client did not have many demerit points left. The speeding offence also triggered a separate five-point demerit suspension. Joshua notes that the client could deal with that demerit suspension by going on a good behaviour licence for 12 months, with a limit of two points.

The good behaviour option did not change the separate 3-month suspension that came with the speeding offence itself, and that 3-month suspension was what the appeal was about.

What the client did to prepare

Joshua says the client did all the right things and followed all the steps:

He completed the Traffic Offenders Program.
He provided good references, including one from his wife, who was on maternity leave with their newborn.
He wrote a letter of apology.
He provided a work-related letter.
The material showed he was a person of good character who does a lot in the community, including soccer coaching and training clinics.

The difficult part: his traffic record

What let him down was his traffic record. Joshua describes it as not good, and says that is probably why he had only a couple of points left. He had two mobile phone offences in the previous year alone, which carried five points, and there were about 10 or 11 entries over roughly a 10 to 11 year period.

None of the entries were major offences such as drink driving. Still, he was asking the court for leniency on a record that did not give the court a great deal of assurance that this was a one-off mistake.

Submissions in this Manly licence suspension appeal case study

Joshua pressed the point that the client had completed the Traffic Offenders Program and that, if given a one-off chance, he would heed the warning and clean up his driving behaviour. He also explained how important a licence was for the client’s community soccer coaching and for his work and family life with a newborn child.

The client was asking the court to waive the whole 3 months. Joshua explains that on an appeal like this, the court can waive the suspension, vary (reduce) the period, or dismiss the appeal altogether.

The outcome

Because of his poor record, the magistrate did not waive the full 3 months, but significantly reduced the suspension to 2 weeks. Joshua describes this as a very manageable outcome.

He also notes a possible extra benefit that he said would need to be checked: the client’s points may reset after the 2 weeks, which could make the result even better than a full waiver. The client planned to check his licence status with the transport department after the 2 weeks.

What this case shows

Even with a less than ideal traffic record, preparation matters on a suspension appeal. References, an apology, a completed program and a clear explanation of why a licence is needed all gave the court a basis to reduce the period. Every case is different, and outcomes depend on the facts and the person’s record.

Key general information (NSW)

General information only, not legal advice, as at October 2026. Every case turns on its own facts.

Serious speeding offences: According to Transport for NSW’s speeding offences page, a serious speeding offence includes driving more than 30 km/h but not more than 45 km/h over the speed limit, and driving more than 45 km/h over the limit.
Demerit points and good behaviour periods: As at October 2026, Transport for NSW’s page on how demerit points work lists the limit as 13 points for an unrestricted licence, 7 for a P2 licence, 4 for a P1 or learner licence, and 2 points for an unrestricted licence during a good behaviour period.
Police suspensions and court disqualifications: Transport for NSW explains that police can suspend a licence on the spot for certain offences, including driving with a prescribed concentration of alcohol, driving under the influence of alcohol or drugs, some serious speeding offences and hoon offences.

Frequently asked questions

What was the result of the appeal?

The magistrate reduced the 3-month speeding suspension to 2 weeks. Because of the client’s poor traffic record, the court did not waive it entirely.

What can a court do on a licence suspension appeal?

Joshua explains that the court can waive the suspension, vary (reduce) the period of suspension, or dismiss the appeal altogether.

Why was the client’s traffic record a problem?

He had about 10 or 11 entries over roughly 10 to 11 years, including two mobile phone offences in the previous year. Joshua says that did not give the court much assurance that the speeding was a one-off mistake.

What are the penalties for serious speeding in NSW?

As at October 2026, Transport for NSW lists a minimum disqualification of 3 months on conviction for speeding more than 30 km/h but not more than 45 km/h over the limit, and 6 months for more than 45 km/h. Demerit points also apply.

How long do I have to appeal a licence suspension in NSW?

Transport for NSW says there are 28 days from receiving the Notice of Suspension to lodge an appeal at a NSW Local Court, and a court fee is payable. This is general information only.

Read the video transcript

Okay so I've just finished up at Manly Local Court in New South Wales in Sydney uh today I appeared on a licensed suspension appeal my client had a high range speeding offence he was driving uh between 30 and 45 km over the speed limit so a high range speeding offence in New South Wales that attracts a automatic period of 3 months mandatory licence suspension things were made a little bit more complicated because my client didn't have uh many points left it also came with a five-point uh demerit Point suspension which he can put that suspension on a good behaviour licence where he's going to

[unclear] two points for 12 months but that doesn't change the fact that this speeding offence does come with a mandatory 3 months so that was the uh 3 months uh suspension that we were here appealing today uh now he did all the right things he followed all the steps he went and did a [unclear] Traffic Offenders Program uh some good references one from his wife who is on maternity leave she has a newborn a letter of apology from him a work related letter a lot of good stuff say he is a uh a good character does a lot in the community unfortunately what does let him down is his traffic record

It's not good um and that's probably why he uh only had a couple of points left on his licence um he had two mobile phone offences which [unclear] five points last year Alone um yeah so there was about uh 10 11 entries over about a 10 to 11 year period [unclear] so it wasn't great it wasn't any major offences like alcohol drink driving or anything like that but still he's here before the court today seeking leniency and appealing a licence suspension

On a licence that um doesn't give the court a great deal of assurance that he will um uh that that it was a one-off mistake um in any event we did press before the court that he has done the Traffic Offenders Program if granted a uh a one-off chance uh then he will um uh certainly heed that that warning that will be uh given to him and um and clean up his driving uh behaviour um we were seeking

to waive the 3 months however the court can also vary the amount of suspension or they can dismiss the appeal altogether today the magistrate um due to his poor record didn't completely waive the whole 3 months but did significantly reduce the period of suspension down to only a period of 2 weeks so that's a a very manageable sort of outcome for him to deal with today um two weeks I think the positive thing and this is something I would have to check is that uh his points May reset after the 2 weeks

So it could actually been a better outcome for him than um than the complete waiver of the whole 3 months um but that's something he'll check with uh when he goes back to the Department of Transport in 2 weeks to check on the status of his licence um all in all it was a good positive outcome today and he is um very very keen to get back on the road and um he does a lot of uh soccer coaching

Training clinics within the community and obviously his licence is pretty imperative for that sort of work so he's keen to get back on the road and um focus on the issues that are important in his life such as his work and his family uh and his newborn child so uh that's the matter here today at Manly Local Court uh we had was a more of a traffic in terms of um we put an application on ourselves it wasn't the police bringing it

The prosecution prosecutor today was from the transport Department um yeah so uh a good outcome here today at Manly Local Court thanks for tuning in.

General information only, based on New South Wales law at the time of filming. Not legal advice — every case turns on its own facts. Past results don't guarantee future outcomes.