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When Can Police Immediately Suspend My Driver Licence?

When Can Police Immediately Suspend My Driver Licence?

Police have the power to immediately suspend driver licences for allegations of:
  1. Driving offences causing death or grievous bodily harm
  2. Drink driving offences
  3. Driving under the influence
  4. Street racing
  5. Aggravated burnout
  6. Refusing or failing a breath analysis or blood test
  7. Wilfully altering blood alcohol concentration
  8. Speeding by over 45km/h (not camera detected)
  9. L or P plater speeding by over 30km/h (not camera detected), and
  10. L Plater driving while unaccompanied by a supervising driver.

These ‘on-the-spot’ suspensions must be issued within 48 hours, and last:

  1. Until the case is decided by a court if you were charged with an offence, or
  2. For three months if you were issued with a penalty notice

Immediate driver licence suspensions can be appealed to a Local Court.

Which has the power to:

  1. Set aside the suspension
  2. Vary the suspension
  3. Confirm the suspension, or
  4. Make any other order ‘as seems just to the Court in the circumstances’.

You must lodge the appeal within 28 days of being suspended.

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