Driving Offences and Licensing Appeals. Immediate license suspensions

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1 Driving Offences and Licensing Appeals If you have committed a driving offence and have been served with a Court Notice, you may wish to contact us and obtain legal advice. This is a very complex area of the law. Traffic Matters Driving Charges Drink Driving Speeding License Appeals License s If you are disqualified from driving by a Court, you may find that your license is automatically suspended for a period of time. If this occurs, you are prohibited from driving during your period. The penalties for driving whilst your license has been disqualified or cancelled are significant and can even include a custodial sentence. Significant penalties also apply when you drive unlicensed. Immediate license suspensions Your license may be immediately suspended and confiscated by Police either on the spot or within 48 hours of receiving your Penalty Notice for the following offences: A serious driving offence causing death or grievous bodily harm; Speeding in excess of 45 km/h over the speed limit; Middle or high range prescribed concentration of alcohol or committing other serious alcohol-related offences; A street racing offence; An aggravated burnout offence; Speeding in excess of 30km/h over the speed limit whilst the holder of a learner or provisional license; and Driving unaccompanied by a supervising driver whilst the holder of a learner license. If you are charged by Police for an offence, your license will remain suspended until your matter has been heard by a Court. If you are convicted of the offence that you have been charged with, and your license is disqualified by the Court, the Court may take into account the period you have already served, when imposing a period.

2 If you are issued a Penalty Notice for speeding in excess of 45 km/h over the speed limit, you will be faced with a 6 months license suspension period. If you are a learner or provisional license holder or you are a learner driver driving unaccompanied by a supervising driver and have been issued with a Penalty Notice for speeding in excess of 30km/h, but more than 45km/h over the speed limit, you will face a 3 months license suspension period. Demerit points and s also apply to speeding offences. A person has the right to appeal the suspension of their license at a Local Court. The appeal must be lodged with the Court within 28 days of being issued with the suspension ice. Unless the court in the meantime orders otherwise, you must drive unless the Court upholds your appeal to retain your license. Speeding If you are caught speeding and a Penalty Notice is issued, you will incur a and license demerit points. Learner and P1 license holders will have their license suspended for at least 3 months for any speeding offence. There are license suspension periods, similar to the minimum periods applied by a Court, for exceeding the speed limit by more than 30 km/h (3 months), and by more than 45 km/h (6 months). If police catch you speeding by more than 45km/h over the limit you may have your license immediately suspended and confiscated at the roadside for 6 months. In addition to the suspension and periods, these offences also carry demerit points which are added to the license holder's record. If the license holder reaches or exceeds their demerit points limit, these points may contribute to an additional suspension Traffic offenders program This program is designed to help you understand the responsibilities of drivers and the risks associated with dangerous driving. Contact us to see for assistance. Habitual Offender A Habitual Offender is a person who has committed and been convicted of 3 serious offences within a 5 year period. A serious offence includes a situation where a vehicle is involved in the crime of murder or manslaughter, driving at a dangerous speed or in a dangerous manner, driving recklessly, or at speed or in a dangerous manner while engaged in a police pursuit, 2 P a g e

3 furious driving, reckless driving, menacing driving, negligent driving where death or grievous bodily harm is occasioned, drink and drug driving offences, failing to stop and give assistance in an accident involving death or injury, driving whilst disqualified, cancelled, suspended or refused, or a conviction for an offence of exceeding the speed limit by more than 45km/h or a conviction for unlicensed, never licensed. A Habitual Offender will be disqualified from driving for 5 years unless a court rules otherwise (minimum 2 years). This will be in addition to any resulting from the third major offence. The court may order a longer period of, including for life. The court may also, at the time of conviction, or at a later time, quash the declaration if it determines that the imposed is disproportionate and unjust having regard to the total driving record of the person or special circumstances of the case. Prescribed concentration of alcohol (PCA) The penalties- 1st Offence Alcohol level Novice Range# ( ) Special Range## ( ) ** $1, $1, Low Range ( ) $1, Middle Range ( ) gaol $2, High Range (0.15+) $3,300 3 yrs 12 2nd Offence within 5 years Alcohol level Novice Range# ( ) Special Range## ( ) ** $2, $2, Low Range ( ) $2, Middle Range ( ) gaol $3,300 3 yrs High Range (0.15+) $5,500 5 yrs 2 yrs 2 yrs 3 P a g e

4 * as at September 2010 ** Disqualification is automatic in the absence of a specific order by the Magistrate # P-Plate or Learner ## Includes P-Plate or Learner, and other ded drivers Driving under the influence of a drug or alcohol and driving with the presence of a prescribed illicit drug in NSW. The penalties-1st Offence Offence DUI Drug s12 Presence of drug in oral fluid s11b Refuse to provide oral fluid sample sd Wilfully alter drug in oral fluid sg(1) $2, gaol 9 $1, N/A $3,300 3 yrs 6 N/A $3,300 3 yrs 6 N/A Refuse to provide urine sample or blood sample or wilfully alter amount of drug after fatal motor vehicle collision s24d(1) $3,300 3 yrs 6 Hinder doctor or registered nurse in taking prescribed sample of blood or urine of any other person $2,200 N/A N/A N/A Refuse to provide blood or urine sample or wilfully alter amount of drug following sobriety test s29(2) $3,300 3 yrs 6 2nd Offence within 5 years Offence DUI Drug s12 Presence of drug in oral fluid s11b $3,300 3 yrs 12 gaol 12 $2, N/A Refuse to provide oral fluid sample sd $5,500 5 yrs 12 4 P a g e

5 Wilfully alter drug in oral fluid sg(1) Refuse to provide urine sample or blood sample or wilfully alter amount of drug after fatal motor vehicle collision s24d(1) Hinder doctor or registered nurse in taking prescribed sample of blood or urine of any other person Refuse to provide blood or urine sample or wilfully alter amount of drug following sobriety test s29(2) $5,500 5 yrs 12 N/A $5,500 5 yrs 12 2 yrs $2,200 N/A N/A N/A $5,500 5 yrs 12 2 yrs MERIT Magistrates Early Referral Into Treatment Local Courts have a special program called the Magistrates Early Referral Into Treatment Program (MERIT). It offers adult defendants with drug problems the opportunity to work, on a voluntary basis, towards rehabilitation as part of the bail process. You can be referred to the program by police, by us or by the Magistrate. If you think you will have trouble paying your within 28 days, speak to court staff before you leave about making a time to pay arrangement. If you do pay the within the time set, the State Debt Recovery Office (SDRO) can impose a range of penalties against you. Can you appeal? You can appeal to the District Court if you are satisfied with the Magistrate s decision. You should seek legal advice before lodging any appeal. The appeal must be lodged within 28 days and there is a fee payable. This is a complex and lengthy process and our firm can assist you to make the process as pain free as possible. Contact us today. 5 P a g e

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