Immediate DUI Police Suspension
In Queensland there are a number of traffic and drink driving offences which can automatically bring about an issuing of an immediate notice of driver licence suspension in accordance.
What Offences Attract Immediate Licence Suspension?
Some of the alcohol related traffic offences that can cause a person drivers licence to be immediately suspended upon being charged include:
- Where the Blood Alcohol Concentration (BAC) reading of a driver was recorded above 0.100;
- Driving whilst Under the Influence (DUI) of intoxicating liquor or drug;
- Fail or refuse to provide a sample of breath, saliva or blood;
- Where a person has a prior and unresolved alcohol or drug related traffic offence before the Court;
- Charged with drink or drug driving when the person is currently driving under an order made under Section 79E;
- Dangerous driving
This can cause significant hardship for people who wholly rely upon their drivers licence to care for others or to be able to maintain employment and the ability to earn an income.
Appeal to Remove an Immediate Licence Suspension
Section 79E of the Transport Operations (Road Use) Management Act 1995 allows a particular person who has had their drivers licence suspended under Section 79B of the Act to make an application to the Court to lift the immediate suspension notice and continue driving until the Court has made a determination on the substantive matter.
In other words - if you have been charged with a drink driving offence where you have received an immediate licence suspension by Police at the time of charge then you can apply to have that suspension lifted until the Court finalises and ultimately determines what penalties or sentences (if any) should be given.
In order to make a Section 79E Application to have an immediate licence suspension lifted the application must be made within 21 days of the licences becoming suspended under section 79E.
Section 79E Issues & Criteria to Prove
There is a particular criteria involved in seeking a successful application under this Section 79E.
If the application to lift the licence suspension is successful then the driver must know that they are not legally allowed to re-commence driving until they have obtained a replacement licence from the Queensland Transport Department.
If you have found yourself in the unfortunate situation where you Queensland drivers licence has been suspended at the time of being charged with offence and it will cause you significant hardship in being off the road until your Court matter is heard then you should contact our experience QLD Traffic Lawyers to discuss bringing a Section 79E Application to lift the immediate suspension.
Contact Our Expert QLD Traffic Lawyers