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Police Suspension Notice NSW

Traffic offences are considered "Major Offences" under the law and thus attract heavy fines, periods of licence disqualification and possibly terms of imprisonment.

Under the Road Transport (General) Act 2005 Section 205, police suspension notices will be issued for the following violations:

  • driving offence that results to death or grievous bodily harm;
  • exceeding speed limits;
  • a learner driver is caught driving unaccompanied by an authorized driver;
  • exceeding the alcohol limit.

In the above instances, the police have the authority to immediately suspend and confiscate the licence of the driver. The police may suspend and confiscate the licence within 48 hours from the commission of the offence and the suspension remains until the offence is heard by the court. A person is not permitted to drive until the court lifts the suspension.

Police can either take away or suspend a licence on the spot or up to 48 hours after the person has been charged or issue a penalty notice for a specific offence. In this situation, the offender will not be able to drive his car so someone will have to drive it home for him.

Once the person has been charged by the Police with an offence, the suspension will stay in force until a court has heard the case. If you are subsequently convicted and then disqualified by a court, the court may consider the period you have already been under suspension before enforcing a further penalty.

If you are issued with a penalty notice because you have driven more than 45 km/h over the speed limit in a particular area the suspension will remain valid for a period of six months. If the speeding offence is more than 30 km/h over the speed limit but not more than 45 km/h and the offender is a holder of a provisional licence or a learner provisional licence, then the suspension will remain for three months.

A person has the chance to appeal a suspension at a local court. The appeal has to be filed with a court before 28 days is up from the date of the suspension notice. A driver is not permitted to drive before the court appearance has taken place.

If you have been charged with a traffic offence or are under Police investigation, it is important that you seek legal advice.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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