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Drink Driving Appeal SA

Under Sect 47IAB of the Road Traffic Act 1961, a person who has been given a notice of immediate license disqualification or suspension may apply to the Magistrates Court for an order that said person is not disqualified or that the license not be suspended, or to reduce the period of disqualification or suspension.

The court will grant a decision favourable to the accused if it is satisfied that:

  1. based on the oral evidence there is reasonable ground to believe that the accused will be acquitted of the offence and the evidence does not suggest that the accused is guilty of Sect 47IAA under the Road Traffic Act;
  2. the accused has not been charged with any offense under 47IAA despite that the prosecution had reasonable time to prepare and file the proper charge.

The appeal is commenced by filing a written application with the Magistrates Court in the proper form prescribed by the court. The applicant must enumerate therein his grounds for appeal and the evidence that he will be presenting during the hearing.

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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