Immediate licence suspension

In certain circumstances a police officer is entitled to take your licence off of you at the side of the road.

 

If this happens to you, and you believe that you have a defence to the underlying charge, then you need to make an appointment to speak with Bruce Coode within 28 days of the suspension.

 

 

When can they take my licence?

 

A police officer can immediately suspend your driving licence if you are charged with one of the following offences:

 

  • an offence involving the death or grievous bodily harm of a person using a motor vehicle
  • mid range or high range drink driving
  • participating in a road race or drag race
  • refusing to submit to a road side breath test or other test
  • refusing to submit to a breath test or other test after being arrested or after a serious road incident
  • wilfully altering the concentration of alcohol or other drugs in your system (for instance between the road side breath test, and the test at the station)
  • exceeding the speed limit by more than 45 kilometres an hour
  • exceeding the speed limit by more than 30 kilometres an hour if you are a Learner or Provisional driver
  • driving without a supervising driver when you are a learner driver

 

It is an offence if you are served with a notice regarding this immediate suspension to refuse to hand over your physical licence to the police officer.  Hand over the licence, and if you think you have a defence make an appointment to speak with Bruce Coode about getting it back.

 

If you wait more than 28 days to lodge an appeal against the initial decision to take your licence then there is no other avenue of appeal against this initial decision to take your licence.  Even if you are eventually found innocent of the charge this will take a long time for these sorts of serious offences (say nine months if you plead not guilty) and for that amount of time you will be unable to drive.