Immediate license disqualification is a penalty imposed by the police
In Australia, immediate license disqualification is a penalty imposed by the police authorities to those motorists who were found committing drink driving offenses. Usually the offenses are those which cause death or grievous bodily harm, street racing, mid range prescribed concentration of alcohol drink driving, high range PCA drink driving, other serious alcohol related traffic offense, drug related traffic offense and speeding in excess of 45 kilometers per hour.
Immediate license suspension can either be imposed on the spot or within 48 hours after the police had issued a penalty notice to the erring motorist. If the police authorities issued a penalty notice during the arrest, the immediate license suspension will run for a period of six months if the motorist who was arrested has exceeded the speeding limit of 45 kilometers per hour. If the driver is a holder of a learner or provisional driver license and was issued a penalty notice for exceeding the 30 kilometers per hour but below the 45 kilometer per hour speed limit or if unaccompanied by a supervising professional driver, the immediate license suspension period will run for three months.
If the police authorities charged the erring motorists with any of the traffic offenses, the license suspension will remain in force until the case is heard by the magistrate court. After the case is heard and judgment was passed upon by the magistrate court finding the motorist guilty of the offense charged, the court will have to take into consideration the period served under license suspension in imposing the period for driver license disqualification.
Any person driving a motor vehicle or attempting to put a motor vehicle in motion when his or her license is suspended will be charged in court with the offense of unlicensed driving or driving without a license.
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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.