· Traffic law · Translated from the Hebrew original
From the moment a police officer issues an administrative suspension order, a short race begins: the licence is no longer valid, and the only way to get it back before the period ends is an application for cancellation in the traffic court. This describes the procedure itself, step by step.
Step one: the order and surrender of the licence
The officer hands over a written decision stating the ground for the suspension and its length. The licence must be surrendered; the count starts from the surrender. If you intend to challenge the order, surrendering the licence does not harm that, it only prevents a situation in which the period does not start at all.
Step two: collecting material
Before filing the application, collect what will disappear with time: the report and the suspension decision, the data of the measuring device and the calibration certificate, camera footage from the scene, details of witnesses, medical documents and employer certificates. The earlier the material is submitted, the greater the chance: evidence that has disappeared cannot be recovered.
Step three: the application and the hearing
The application is filed in the traffic court, and the hearing is usually set within a few days. The court examines two axes: how strong the prima facie evidence against the driver is, and how great the harm to him is as a result of the suspension. Both axes are examined together: weak evidence together with serious harm to livelihood is the combination that leads to cancellation or shortening.
What the court may decide
- To cancel the suspension in full.
- To shorten it.
- To leave it in place until the end of the proceedings.
- To replace it with other restrictive conditions.
Recurring mistakes
- Waiting "until the hearing in the main case": by then the period has already passed.
- Not surrendering the licence, thinking that this delays the suspension.
- Coming to the hearing without documents proving the harm to livelihood.
- Giving a detailed version in the field, meant "to explain", which later limits the line of defence.
And what about the main case
The application for cancellation does not close the criminal traffic case; it continues in parallel. But what is said and presented at this stage also affects it, so the two arenas are managed together and not separately.
How long there is to respond
There is no point in waiting: the application for cancellation is relevant only while the suspension is in force, and in some cases the suspension period is shorter than the time it takes to set a hearing in the main case. Someone who waits "to see what happens" discovers that the suspension has passed and the remedy with it.
What happens after the decision
If the suspension was cancelled, the licence is returned immediately, and the main case continues as usual. If it was rejected, it is possible to apply again when circumstances change, for example when new findings are received about the proper functioning of the device or medical documents. A rejection is not the end of the road, but a repeat application must rely on something new.
The connection to the main case
What is argued in the hearing on the suspension is recorded and accompanies the file. Therefore an improvised factual version should not be presented in it: the argument focuses on the strength of the prima facie evidence and the harm to the driver, and not on a "story" that will have difficulty standing later.
What to bring to the hearing
- An employment certificate or a professional licence, when livelihood depends on the licence.
- Medical documents, when the matter is driving a family member to treatment.
- A clean record of previous convictions, if there is one.
- Any evidence of personal circumstances that supports the application.
Who represents you at the hearing
The hearing on an application to cancel an administrative suspension is short and technical in nature, but its weight is great: what is argued in it is recorded and accompanies the main case. It is therefore better to arrive prepared and with representation, and not to "try alone" and only then turn to a lawyer.
What happens if the application is rejected
It is possible to apply again when circumstances change, for example when new findings are received about the proper functioning of the device or medical documents. A rejection is not the end of the road, but a repeat application must rely on something new and not on repeating the same arguments.
This article is general information only and is not a substitute for legal advice.