Immediate Licence Suspensions

At Rezae & Co Lawyers, we recognize the gravity of immediate licence suspensions and the impact they can have on individuals in New South Wales (NSW). Our accomplished legal team specialises in guiding clients through the intricacies of the NSW legal system, particularly in cases involving immediate licence suspensions.

When can the police issue an Immediate Licence Suspension in NSW?

Section 224 of the Road Transport Act (2013) NSW gives the police the power to immediately suspend you driver licence on the spot under certain circumstances.

In particular, they may issue this suspension if you:

• Speed by more than 45km/h (full licence holders)
• Speed by more than 30km/h (learner or provisional licence holders)
• Drive with a prescribed concentration of alcohol (PCA offences)
• Drive under the influence of alcohol or drugs (DUI offences)
• Take part in street racing
• Drive without supervision (learner licence holders)
• Have a serious accident which results in grievous bodily harm or death

In contrast, if you were caught speeding by a speed camera, the police cannot immediately suspend your licence as you will receive a letter from Transport NSW informing you of your licence suspension and the suspension period.

How soon can the police issue the Immediate Licence Suspension?

The police may issue you with an immediate licence suspension notice at any time within 48 hours of issuing you with a penalty notice or charging you for one of the above offences. Once you receive the immediate licence suspension notice, you are not allowed to drive from the moment you receive it.

Should you receive a notice for the immediate licence suspension, call Rezae & Co Lawyers immediately to receive advice on how to proceed next.

Speeding Offences:

Speeding by more than 45km/h

If you have a full unrestricted driver licence and you are caught exceeding the speed limit by over 45km/h, the police have the power to suspend your licence on the spot. The duration of your licence suspension for this particular offence is 6 months.

Speeding by more than 30km/h

If you are on your learner of provisional (P1 or P2) driver licence and you are caught exceeding the speed limit by over 30km/h, the police have the power to suspend your licence on the spot. The duration of your licence suspension for this particular offence is 3 months.

If you are on your full unrestricted driver licence, you will not receive an ‘immediate’ licence suspension. However, you may still receive a licence suspension under certain circumstances. For example, while the police may not be able to issue you with an immediate licence suspension notice, Transport NSW still has the discretion to issue you with a license suspension for a period of 3 months if you have committed this particular offence, which you will be notified by way of a letter from Transport NSW. Furthermore, if the speeding offence resulted in you exceeding your demerit point limit, you will be issued with a letter from Transport NSW that your licence will be suspended from a certain date.

If you receive a licence suspension notice, contact Rezae & Co Lawyers immediately to receive advice on your next steps and how to proceed.

Drink Driving Offences:

In NSW, the police have the power to immediately suspend your licence if you have been caught and charged with driving while having a certain prescribed concentration of alcohol.

The legal blood alcohol concentration (BAC) limits for low-range, mid-range and high-range drink driving are as follows:

• Low-range: 0.05 – 0.079
• Mid-range: 0.08 – 0.149
• High-range: 0.15 or more

Also, for learner or provisional licence holders:

• Novice-range: > 0.0 – 0.019
• Special-range: 0.02 – 0.049

For more information on the limits and minimum/maximum penalties for drink driving, please see our drink driving penalties table.

Low-range drink driving

If you have been charged or issued a penalty notice for driving with a low-range prescribed concentration of alcohol, the police have the power to suspend your licence on the spot. The duration of your licence suspension for this particular offence is 3 months.

Mid-range drink driving

If you have been charged for driving with a middle-range prescribed concentration of alcohol, you will be issued a Court Attendance Notice (CAN) with a court date. The police will confiscate your licence on the spot and you will not be able to drive until your court date, where the duration of your licence disqualification period will be determined.

Under Section 206B of the Road Transport Act 2013 (NSW), your licence suspension/disqualification period may also be backdated to commence from the date that the police confiscated your driver licence, should you receive a licence disqualification period.

If you have been charged with driving with middle-range prescribed concentration of alcohol, contact Rezae & Co Lawyers immediately for a free conference to receive professional advice on how to proceed and how to prepare for your court date to achieve the best possible outcome.

High-range drink driving

If you have been charged for driving with a high-range prescribed concentration of alcohol, you will be issued a Court Attendance Notice (CAN) with a court date. The police will confiscate your licence on the spot and you will not be able to drive until your court date, where the duration of your licence disqualification period will be determined.

Under Section 206B of the Road Transport Act 2013 (NSW), your licence suspension/disqualification period may also be backdated to commence from the date that the police confiscated your driver licence, should you receive a licence disqualification period.

If you have been charged with driving with high-range prescribed concentration of alcohol, contact Rezae & Co Lawyers immediately for a free conference to receive professional advice on how to proceed and how to prepare for your court date to achieve the best possible outcome.

Learner driver driving without supervision

If you are on your learner driver licence and you are caught driving without the supervision of a full licenced supervisor, the police have the power to suspend your licence on the spot. The duration of your licence suspension for this particular offence is 3 months.

Serious driving offence causing grievous bodily harm or death

If you have been charged for driving with a serious driving offence which has resulted in grievous bodily harm or death, the police have the power to confiscate your licence on the spot and you will not be able to drive until your court date, where the duration of your licence disqualification period will be determined.

Under Section 206B of the Road Transport Act 2013 (NSW), your licence suspension/disqualification period may also be backdated to commence from the date that the police confiscated your driver licence, should you receive a licence disqualification period.

If you have been charged with a serious driving offence which has resulted in grievous bodily harm or death, contact Rezae & Co Lawyers immediately for a free conference to receive professional advice on how to proceed and how to prepare for your court date to achieve the best possible outcome.

Street racing, aggravated burnout or other hooning offences

If you have been charged for street racing, doing an aggravated burnout or any other hooning offences, the police have the power to confiscate your licence on the spot and you will not be able to drive until your court date, where the duration of your licence disqualification period will be determined.

Under Section 206B of the Road Transport Act 2013 (NSW), your licence suspension/disqualification period may also be backdated to commence from the date that the police confiscated your driver licence, should you receive a licence disqualification period.

If you have been charged with street racing, a serious driving offence, aggravated burnout or any other hooning offence, contact Rezae & Co Lawyers immediately for a free conference to receive professional advice on how to proceed and how to prepare for your court date to achieve the best possible outcome.

Licence Suspension Lawyers in Sydney and Parramatta

To increase your chances of having your licence appeal granted, it is important to speak with an experienced traffic lawyer who has knowledge of how the court proceedings work as well as the factors that a court may take into consideration when determining your outcome. An experienced traffic lawyer in NSW can provide you with advice on what steps you should take to ensure your chances of receiving a favourable outcome are increased.

Rezae & Co Lawyers are specialists in licence suspension cases and have received countless results where our clients have received favourable results, including cases where our clients have received their licence back immediately following the court hearing date.

Rezae & Co Lawyers can provide you with a free consultation and can be contacted on 02 8893 1217.