A suspension appeal, not a plea
In this Tweed Heads licence suspension appeal case study, Joshua Boorman appeared at Tweed Heads Local Court on a licence suspension appeal.
About six months earlier, our client had been pulled over and caught driving with cannabis present in her system. She paid the fine. Some months later she received a letter from Transport for NSW telling her she would have to serve a 3-month licence suspension.
Why she needed her licence
- She lives in a regional area in northern New South Wales with no public transport.
- She works as a mental health and disability support worker and drives to her clients’ homes.
- She receives treatment on the Gold Coast for significant mental health issues stemming from childhood trauma.
- She studies at Southern Cross University on the Gold Coast.
As Joshua puts it, public transport just was not going to cut it.
Tweed Heads licence suspension appeal case study: how Joshua Boorman prepared the appeal
Joshua says she really went above and beyond in her preparation:
- she completed the Traffic Offenders Program;
- she obtained a psychologist’s report;
- she provided clean urine drug tests;
- she wrote a letter of apology; and
- she provided strong character references.
She also had an absolutely clean traffic record. Joshua explains that the cannabis was medicinal cannabis, used for diagnosed mental health issues, not recreational use. She is no longer using it and is getting treatment through other avenues.
The appeal was based on her being a fit and proper person to be allowed to keep driving.
What was put to the magistrate
In summary, the appeal rested on several points in her favour: an absolutely clean traffic record, a completed Traffic Offenders Program, clean urine drug tests, a psychologist’s report, and the fact that the cannabis had been prescribed for diagnosed mental health issues and she had stopped using it. Together with her work, study and medical travel, and the lack of public transport, these went to whether she was a fit and proper person to keep driving.
The outcome
The magistrate agreed to set aside the 3-month suspension. Our client is free to keep driving.
Joshua expects that, given her otherwise clean and unblemished record, this will be the last time she needs to come to court.
What this case shows
A suspension that follows a penalty notice is not always the end of the matter. Where there is a strong reason to keep driving and good supporting material, a suspension appeal may be worth considering. Here, the evidence did more than show hardship: the psychologist’s report and clean drug tests spoke directly to whether she was safe to keep driving, and the Traffic Offenders Program showed she had reflected on the offence. Timing matters too, because the appeal must be lodged within 28 days of the Notice of Suspension. Every case is different, and outcomes depend on the facts.
Key general information (NSW)
General information only, not legal advice, as at October 2026. Every case turns on its own facts.
- Drug driving offences: As at October 2026, Transport for NSW lists the drugs detected by roadside saliva tests as active THC (cannabis), methylamphetamine (speed or ice), MDMA (ecstasy) and cocaine.
- Penalty notices and suspensions for a first drug driving offence: If the matter instead goes to court, Transport for NSW lists a maximum court-imposed fine of $2,200, a minimum disqualification of 3 months and an automatic disqualification of 6 months for a first offence.
- 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.
- Appealing a licence suspension: According to Transport for NSW’s licence suspension and disqualification page, a person whose licence has been suspended has a right to appeal the suspension in court.
Further reading and related videos
Boorman Lawyers has more on licence suspension appeals in NSW, appearing at Tweed Heads Local Court and NSW drug driving offences and penalties. Its NSW site covers traffic and drug driving matters across NSW.
On this site, see a Lismore repeat drug driving matter and a Burwood drug driving matter, or browse all NSW and drug driving videos.
