The Consequences Of Driving Under A Police Suspension
Police have the authority to suspend your driver’s licence on the spot in some instances. This means you cannot drive legally until the suspension period has ended. If you have driven while under police suspension and you are caught, you may be facing a serious penalty and charges. Here is what you should know.
Some Circumstances Where The Police May Suspend Your Driver's Licence On The Spot
Police have the authority to suspend your driver’s licence on the spot in some instances. This means you cannot drive legally until the suspension period has ended. If you have driven while under police suspension and you are caught, you may be facing a serious penalty and charges. Here is what you should know.
Drink driving
If you have been pulled over, and you are driving with a Blood Alcohol Concentration (BAC) between .051 and .099, this is considered low range and you will be suspended on the spot for 24 hours. After the 24 hours has passed, you can usually resume driving until your court date, you will then be formally charged and suspended. From then, you will be suspended until the Magistrate states you can drive again. If you have been pulled over with a mid to high BAC reading of .1 or more, you may be suspended on the spot and remain suspended until your court date. When you are suspended on the sport, you will be issued with a notice of suspension by the Police. This will outline your suspension period.
Drug Driving
There are two different drug driving charges, one is driving with a relevant drug in the system, and the other is driving under the influence of a relevant drug. The latter is the more serious of the two. Typically, driving with a relevant drug in the system results in a 24-hour suspension until your court date, whereas driving while under the influence of a relevant drug is an immediate suspension and this is enforced until your court date.
Refusing To Give A Breath, Saliva, Or Blood Sample
Failing or refusing to provide a breath, saliva or blood sample, will see you receive the same penalty as a high range drink driving charge. This means your driver’s licence will be suspended on the spot and it will remain suspended until your matter is heard in court. This charge usually has serious penalties associated with it.
Consequences Of Driving While Under Police Suspenion
If you have been suspended from driving by the Police and then drive at that time and get caught, you will face additional charges. This usually results in a mandatory 2-year disqualification period plus a fine of $4,400.00 for first-time offenders. The impacts of not having a licence for 2 years are huge, and many make the mistake of leaving the police station after being suspended for 24 hours and then driving home. The Police know that people do this and will often watch to see if you go back to your car or not after leaving the station. It’s best to avoid your car altogether for the 24-hour suspension period or get someone to come pick your car up for you, as even sitting in the car seat with no intention of driving can see you being charged again. If you have been charged with a similar offence in the last 5 years, the penalty is generally much harsher, and you can expect a heftier fine and penalty. In serious cases, part of that penalty may include a prison term. If you are facing a subsequent charge, it’s a good idea to seek legal advice as soon as you can.
Can I Appeal An Immediate Police Suspension?
Yes, you can. If you have been charged with a drink driving offence and your licence has been suspended on the spot by Police, you can appeal the decision by applying to have the suspension period lifted until your court date. If you do choose to go down this route, it’s best to speak with a legal professional to discuss your options as strict time limits apply.
Is There A Defence To Driving While Under Police Suspension?
There are very few instances where a defence for driving while suspended from Police will be considered. Some of these include:
- The person had no choice but to drive, as they were in immediate danger or under duress.
- The person was faced with an emergency and was the only one who could drive.
- The person wasn’t driving at the time of the offence.
- The reason for the original suspension wasn’t warranted.
Can I Apply For A Work Licence If I Have Been Caught Driving Under Police Suspension?
In most instances, no, you won’t be eligible to apply for a work licence if you have been caught driving while under Police suspension.
Time Accrued From Immediate Suspension To Court Date Generally Comes Off Formal Disqualification Period
Being suspended until your court date can be a huge inconvenience, especially if your court date isn’t for another 1 to 2 months. The good news is, the Magistrate will generally factor in the time you have already been without a licence when deciding on your disqualification period. So, while it is a hassle, it is coming off your overall suspension time.
If you have been suspended by the Police and not having your licence is going to cause hardship, contact our highly skilled senior traffic solicitors here at Drink Driver Lawyers, we specialise in this area of the law and have a plethora of experience handling cases like yours in Queensland courts. Our team can help you receive an outcome that is going to cause as little disruption to your life as possible. Contact us today to discuss your options.
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