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Immediate
Licence Suspensions
In many drink
driving cases the police have the power
to suspend your drivers licence "on the
spot" or prior to the hearing of a
court case. The suspension notices are issued pursuant to s.51 Road Safety Act 1986.
This power is usually used with the more serious
drink drive offenders abd repeat offenders. The police can
serve the suspension notice on any person
who:
- has produced
an alcohol reading of 0.10% 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
any drink driving related offence
after being found guilty of an earlier
drink driving related offence within
the past 10 years.
- is charged
with a drug driving related
offence.
After the suspension notice is handed to
the driver their licence is suspended pending
the determination of any charges that
have been or will be laid in respect of
the offence. The s.51
Notice has the effect of suspending the driver's licence until the
drink driving charges are dealt with at court - i.e. the charges are found proved or
dismissed. If the charge is found proved, then the accused will be
sentenced to a period of time off the road and any time spent
off the road under the suspension notice must be deducted as time
already served. If the charges are dismissed, there is no compensation
for time spent off the road.
It is possible to lodge an appeal to a
Magistrates' Court against the immediate suspension notice (see s.51(10) 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 a real
possibility that the driver could defend the matter successfully.
Needing to drive for work or to pick up the kids from school is not regarded as an
exceptional circumstance. 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 in conference if they have
received a notice of immediate suspension and they want to resume
driving as soon as possible. Sometimes the police do not follow the correct
processes when suspending people's licences. Appealing a suspension notice
involves
writing a notice of appeal setting out the grounds of appeal including
particulars of exceptional circumstancs, filing the notice at court,
serving all documents on the informant and the prosecution, and then
attending court 2 weeks later to argue the case before a Magistrate.
You can expect to pay between $1,000.00 and $1,500.00 in legal fees to
appeal against a notice of immediate suspension.
The Immediate Suspension laws have changed considerably over the years.
In 1986 a s.51 Notice of Immediate suspension could be served on a
driver only after the police had filed charges with a court and served
a charge and summons on the accused. So it often took weeks to get an
accused drink driver off the road.
In 1989 the police were given power to issue and serve a charge and
summons on the driver in the booze bus or police station, without first
filing copies of the papers at a court, and this helped to get the most
dangerous drivers off the road without delay.
By 2002 the hassel of having to complete and serve a charge and sumons
as a pre-condition to serving drivers with a s.51 Suspension Notice in
the booze bus caused the police to seek greater powers. The legislation
was amended to allow the police to serve a s.51 Immediate Suspension
Notice, without first starting a court proceeding,
if a breath or blood test result over a particular concentration had
been obtained. Because the police have 12 months within which to
commence the court proceeding, the initial suspension period can not
exceed 12 months. Usually the initial suspension period stated on a
s.51(1B) Notice is 6 months or 12 months - even if the driver is
facing a much longer period of cancellation later at court. If a court
proceeding is commenced within the suspension period, then the
suspension period is automatically extended until the court case is
concluded.
Prior to 2009, Immediate Suspension Notices could not be served on
first offenders with readings less than 0.15%. First offenders with
readings less than 0.15% usually get infringement notice and do
not get taken to court. Since 2009 the police have power to serve a
s.51 Notice on anyone who gets an infringement notice with a reading of
0.10% or more. So if your reading is between 0.10% and 0.15% expect to
get an infringement notice and a s.51 Suspension notice, which makes
the decision as to whether or not you object to the infringement notice
all the more harder.
Related
Pages:
- Breath
Tests
- Blood
Tests
Drink
Driving
Penalties
Going
to Court
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