When Can Police Immediately Suspend My Driver Licence?
Police have the power to immediately suspend driver licences for allegations of:
- Driving offences causing death or grievous bodily harm
- Drink driving offences
- Driving under the influence
- Street racing
- Aggravated burnout
- Refusing or failing a breath analysis or blood test
- Wilfully altering blood alcohol concentration
- Speeding by over 45km/h (not camera detected)
- L or P plater speeding by over 30km/h (not camera detected), and
- L Plater driving while unaccompanied by a supervising driver.
These ‘on-the-spot’ suspensions must be issued within 48 hours, and last:
- Until the case is decided by a court if you were charged with an offence, or
- 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:
- Set aside the suspension
- Vary the suspension
- Confirm the suspension, or
- Make any other order ‘as seems just to the Court in the circumstances’.
You must lodge the appeal within 28 days of being suspended.