In NSW it should be noted that
there are 2 types of vehicle sanctions which the NSW Police can impose:
1.
Vehicle
impounding (confiscation of the motor vehicle); AND
2.
Number
plate confiscation
In NSW, vehicle sanctions usually
last for a period of 3 months. It should also be noted that the sanction can be
for up to 6 months if the person was disqualified from driving at the time of
the offence.
NOTE: For a combined drink & drug
driving offence, vehicle sanctions can be applied for up to 60 days after the
offence as this allows for sufficient time for the roadside drug test results
to be confirmed from the laboratory.
Did you also know that NSW Police
can impound a Motor Vehicle even if someone other than the registered owner of
the vehicle was driving the vehicle at the time of the commission of the
offence!
NSW Police have the power to
sanction a vehicle immediately if a driver commits any of the following serious
driving offences which include:
1.
Drink
& Drug Driving related offences (if High Range PCA or for repeat offences).
2.
Aggravated
burnout Offence
3.
Street
racing Offence
4.
Repeated,
high risk drink driving Offence
5.
Repeated
unauthorised driving Offence
6.
Engaging
in police pursuit
7.
Exceeding
the speed limit by more than 45km/h
Appealing a vehicle Sanction?
If
you have received a vehicle sanction, you can apply to the Court for the
purpose of obtaining the confiscated number plates or confiscated vehicle prior
to the end of the confiscation, as you must be able to show the Court that you
require your motor vehicle for a legitimate reason and the Court will then
consider your reason(s) as well as the following matters:
i.
The Court will consider whether it is reasonably likely that the
confiscated vehicle will be used again in the commission of a serious driving
related offence: or
ii.
The Court will consider whether the confiscation will cause
extreme hardship for someone (other than the registered owner of the vehicle).
If
successful, it should be noted that the Court cannot release the vehicle or the
number plate earlier than 5 working days after the imposition of the sanction
by the NSW Police.
It
is very important that you speak with a lawyer so that you can get the
appropriate legal advice which you require prior to going to court.
Our team
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact
Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 18th November 2024.
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Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal
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