Disqualification from Driving
You can lose your driving privileges for many reasons, but you be able to continue driving under certain circumstances. There are a number of ways you can be disqualified from driving in South Australia. This article will explain how disqualifications happen and what you can do about them.
Reasons for Disqualifications
You will generally be disqualified if you:
- Receive too many demerit points
- Exceed the speed limit by 45 km/h or more
- Exceed the speed limit by at least 10 km/h if you have a provisional licence
- Are convicted of driving under the influence of a drug or alcohol
- Are convicted of most other drink driving offences
- Are convicted twice within 5 years of driving with a prescribed drug in your blood
- Breach a good driving behaviour condition
- Fail to pay fines
Courts can also impose disqualifications for certain other offences.
Immediate loss of licence
Certain offences will result in an immediate loss of your driver licence if a police officer catches you committing the offence. An “on the spot” licence disqualification lasts for six months if the officer accuses you of:
- Exceeding the speed limit by 45 km/h or more
- Drink driving with blood alcohol concentration of 0.08 or higher
- Refusing a drug (saliva) test
The disqualification lasts for 12 months if you are accused of:
- Drink driving with blood alcohol concentration of 0.15 or higher
- Refusing a test for drink driving
- Driving under the influence of alcohol or drugs
The disqualification can be lengthened if a court determines that a longer disqualification period should apply.
You can challenge an immediate loss of licence in court by contesting the violation. You will have a better chance of success if you are represented by a lawyer.
If your disqualification does not result from an offence that requires an immediate loss of licence, you will receive a notice in the mail telling you how long the disqualification will last and when it will start. Disqualifications usually take effect about four weeks after the notice is sent.
You will need to acknowledge receipt of the notice and pay a fee. If you do not, the notice will be served upon you in person and you will need to pay a higher fee.
Depending upon the cause of the disqualification, your licence may be canceled. If it is not canceled, you can drive again when the disqualification ends. If it is canceled, you will need to apply to reinstate your license. Conditions (including an alcohol interlock requirement) may be imposed if you were convicted of drink driving.
If your disqualification is based on demerit points, you may be allowed to avoid a disqualification by applying for a good behaviour option. If you are granted that opportunity, you can keep driving provided that you receive no more than one demerit point during the next year. If you receive two or more, the length of your disqualification will double.
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.
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