The traffic laws have been altered so that the Police have the power to confiscate a driver’s Licence at the time that the driver is charged in the case of certain offences such as Mid Range PCA or High Range PCA (drink driving).  What is not well known however, is that the driver can either Appeal against the confiscation of their licence, or seek a Stay in the short term appeal against the confiscation of the licence, or seek a Stay in the short term whilst the Court is dealing with the original charge(s).   However, any driver wishing to challenge the confiscation of the licence must do so within twenty eight (28) days so it is important that any driver whose licence has been confiscated seeks legal advice quickly.

Often the date when the original charge comes before the Court for the first time is further away than twenty (28) days and so a separate Application needs to be made to the Court before that first Court date to challenge the confiscation of the licence itself.