Let Ryan Finch, Criminal Lawyer at Aubrey Brown, explain the recent changes in legislation in NSW for all Drink and Drug Driving Offences. With even low range offences resulting in an on the spot licence suspension.
Under these laws, that relate to Low Range Drink Driving, Special Range Drink Driving, Novice Range Drink Driving and Driving under the Influence of Illicit Drug, all drivers charged by the police with such offences will have their licences suspended on the spot.
The new Laws came into effect as of 20 May, 2019.
The Laws introduced by the New South Wales State Government appear to be contrary to recent State Government Legislation reducing the maximum penalties in relation to certain driving offences and further, enabling a person who has a lengthy disqualification period to apply to the Local Court for the disqualification period to be quashed.
These new changes appear to be changes which are solely designed to remove a person charged with such offences from appearing before a Magistrate in the Local Court and seeking leniency, whereby the potential outcome, would not result in the loss of a licence.
The Law Society of New South Wales have identified that less than 2% of all matters, in the Local Court List, are matters of Low Range Drink Driving.
Ryan explains whilst the police will have the power to issue on the spot suspension of a person’s licence for these offences, that does not mean a person charged with those offences is excluded from electing to bring the matter before a Local Court and:
1. seeking to appeal the police suspension;
2. electing to have the matter heard by a Magistrate in an effort to avoid the further loss of licence.
Should you find yourself in such a position whereby you are charged with a traffic offence or an offence mentioned above, and you are issued with an on the spot suspension of your licence by the New South Wales Police, please contact Ryan Finch or Sam McKensey at Aubrey Brown Lawyers to assist you through the process.