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Police Suspension Notice

The Road Traffic Act 1961 vests in the police the power to impose license disqualification or suspension. The police will issue expiation notices for certain traffic violations, whether it be a disqualification or suspension.

Police were given this authority for faster apprehension of traffic law violators. Should violators be convicted in relation with the offense for which the notice was given, they might be imposed with a longer period of disqualification or suspension by the court.Commonly, a notice will be given by a police officer at the completion of a breath analysis where the result is a positive reading of 0.08% or more.

Where a notice is given, an initial suspension or disqualification will be imposed for a period as follows:

Schedule 1AAA—Notice of licence disqualification or suspension (section 45B and section 47IAA of Act)

  • Blood alcohol concentration of 0.08% to 0.149% (PCA category 2 offence – Section 47B(1)) – 6 months

  • Blood alcohol concentration of 0.15% or more (PCA category 3 offence – Section 47B(1)) – 12 months

  • Refuse / fail to comply with directions in relation to alcotest or breath analysis (Section 47E(3)) – 12 months

  • Refuse / fail to comply with request for blood sample (Section 47I(14)) – 12 months

A person who does not have a license and receives the notice will be disqualified from holding or obtaining a driver’s license. In the case of a person with a driver’s license, that license is suspended for the relevant period. The Registrar of Motor Vehicle will be furnished with a copy of the notice. The police can issue expiation notices for dangerous driving and drink driving offences.

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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