Increases in police powers have included the power of police to issue suspension notices on the spot. That is, the police officer is granted the power to be the judge and jury in some traffic matters and commence your punishment from the roadside. At Burke, Elphick and Mead Lawyers we do not underestimate the devastating consequences that flow from the loss of licence. Michael Burke and Maria Walz of our Crime and Traffic Law Team are very experienced in appealing these decisions.
What offences can I be suspended on the roadside for? Section 205 of the Road Transport (General) Act (“RT(G) Act “)deals with the power of the Police to issue such suspensions. In summary it provides for suspension notices for driving matters involving: Death or Grievous Bodily Harm caused by the use of a motor vehicle,
- Driving with a mid range or high range prescribed concentration of alcohol or driving under the influence of alcohol or another drug,
- Refusing to submit to a breath analysis as directed,
- Willfully altering the concentration of alcohol in breath or blood, or hindering the taking of a blood sample,
- “drag racing” or speed trials, or other related behaviour,
- Speeding by more than 45 km/h above the speed limit for full licence holders or over 30 km/h over the speed limit for learners and provisional licence holders; and
- Unaccompanied learners.
Can I appeal the Police decision to suspend my licence? You need to be aware that you have a right to appeal these decisions, but any appeal must be lodged within 28 days of the notice of suspension. Michael Burke and Maria Walz regularly conduct this type of appeal before the Local Courts in the Newcastle Area.
The right to appeal the decision is set out in section 242 RT(G) Act. Essentially, that section says that the Local Court can consider appeals against the type of Police suspensions detailed above. The decision of the Local Court in such matters is final and can’t be appealed or reviewed.
That section also stipulates that the Court can only vary or overturn a Police suspension if “it is satisfied there are exceptional circumstances justifying a lifting or variation of the suspension.” The legislation also says that an appeal to the Local Court against a Police suspension must be dealt with before the Court determines proceedings for the charge or charges that gave rise to the suspension.
The court decisions outlining the appropriate matters to be considered are complex and quite strict. Maria Walz and Michael Burke have intricate knowledge of these cases and can help step you through what is needed for your license appeal.
