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Immediate
Licence Suspensions
In some drink
driving cases the police have the power
to suspend a drivers licences "on the
spot" or prior to the hearing of a
court case.
This power is
generally used with the more serious
drink drive offenders. The police can
serve this notice on any person
who:
- has produced
a reading of 0.15% or
more,
- being a P
plater has produced a reading of
0.07% or more
- has refused
to provide a sample of breath or
blood,
- is accused of
a drink driving related offence
after being found guilty an earlier
drink driving related offence within
the past 10 years.
- is charged
with a drug driving related
offence.
After the notice is handed to
the person and the licence taken, the
person's licence is suspended pending
the determination of any charges that
have been or will be laid in respect of
the offence.
It is possible to lodge an appeal to
a Magistrates' Court against the
immediate suspension notice (s.51 Road
Safety Act 1986). A Magistrate can
cancel the suspension notice if the
court accepts that exceptional
circumstances exist which justify doing
so. The circumstances must be unusual
or unexpected, or raise the possibility
that the driver might defend the matter
successfully. At least 14 days notice
must be given to the police and the
court prior to the hearing of the
appeal.
Drivers should seek legal advice if
they wish to appeal against a notice of
immediate suspension. Appealing a
suspension notice involves writing a
notice of appeal, filing it at court,
serving a copy on the police and then
attending court 2 weeks later to argue
the case before the Magistrate. You can
expect to pay around $1,000.00 to
engage a lawyer to appeal against a
suspension notice.
Related
Pages:
- Breath
Tests
- Blood
Tests
Drink
Driving
Penalties
Going
to Court
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