It is possible to appeal an immediate licence suspension imposed by Police. It is a criminal offence to drive whist suspended.
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The police will impose an immediate licence suspension if you commit a serious traffic offence. Your licence will be confiscated for a specified period, or until the serious traffic offence has been dealt with by a Court.
Examples of serious traffic offences include:
- Drive with low range PCA (suspended for 3 months)
- Drive with middle range PCA (suspended until charge heard and determined by court)
- Drive with high range PCA (suspended until charge heard and determined by court)
- Learner or provisional licence holder exceeding the speed limit by more than 30 km/hr (3 months suspension)
- Exceeding the speed limit by more than 45 km/hr (6 months suspension)
These periods of immediate suspension are separate from suspension periods that may apply after incurring demerit points for the same offences.
In order to appeal an immediate suspension, you must lodge a License Appeal in the Local Court. You may argue that in your circumstances, the immediate suspension should be reduced, if not waived entirely. You must lodge such an appeal within 28 days of receiving you notice of suspension by Police.
As such, due to the time limits and the technical nature of these matters it is important to obtain legal advice to maximise your chances of a good outcome at Court.
If you are seeking legal advice, contact us for a free initial consultation.