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Under certain circumstances, the Police may issue you with a Police Suspension Notice, or the Police may suspend your driver’s licence ‘on the spot’. Where your driver’s licence is suspended ‘on the spot’ or you are issued with a Police Suspension Notice, it is important that you are provided with a written Police Suspension Notice that complies with the requirements as set out in the legislation.

When can my driver’s licence be suspended on the spot?

The Police have the power to suspend and confiscate your driver’ licence and issue you with a Police Suspension Notice or suspend your licence ‘on the spot’ if you commit any of the following offences: 

  • negligent driving that causes death or grievous bodily harm
  • Driving without a supervising driver if you are a learner driver,
  • Committing burnout offences,
  • Being involved in street racing,
  • Driving with a mid range or high range prescribed concentration of alcohol,
  • Speeding by more than 45 km/hr over the legal speed limit,
  • Speeding by more than 30 km/hr over the legal speed limit, where you are a learner driver or provisional driver.

When can I drive again?

If you are suspended ‘on the spot’ or you are issued with a Police Suspension Notice, you will not be able to drive again until:

  • The automatic suspension period for the offence has expired,
  • Any Court disqualification period ordered has expired,
  • You have elected to have your matter heard by the Court and you have been found not guilty of the offence, or
  • You have elected to have your matter heard by the Court, the Court has found the offence proven but the Magistrate does not record a conviction against you under the provisions of section 10 of the Crimes (Sentencing Procedure) Act.

Can I appeal the licence suspension?

If you are given a Police Suspension Notice, or your driver’ licence is suspended ‘on the spot’, you may be able to appeal to the Local Court against the suspension of your driver’s licence. Generally speaking, you will need to move quickly and file your Appeal with the Local Court within the strict time limits that are allowed by the legislation.  If you do not file your appeal within the time limits allowed by the legislation, the Magistrate will not be able to hear your appeal and your driver’s licence suspension will remain in force.

If you are suspended from driving, it is important that you do not drive any motor vehicle during the period of suspension. There are severe penalties if you drive a motor vehicle whilst your licence is suspended including: a further period of licence disqualification, significant fines and possibly imprisonment. If you are caught by the Police for driving whilst suspended you will need to speak with a traffic lawyer as soon as possible and without delay.

At Navado, we have several experienced traffic lawyers and solicitors who can assist you if you have been issued with a Police Suspension Notice or your driver’s licence has been suspended ‘on the spot’. If you need legal advice on whether you should appeal the ‘on the spot’ suspension of your driver’s licence, you can make an appointment to see one of our traffic lawyers. Please call (02) 9233 4048 or send an email to info@navado.com.au.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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