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29 October 2021

Strike three!

Criminal Law
New South Wales

Asked

Criminal law - Separate suspensions for multiple offences

Our client – a provisional licence holder – was pulled over by police and fined for:

1. not displaying P plates on their vehicle;
2. exceeding the speed limit by 20km/h.

They also tested positive for cannabis during this traffic stop.

They have completed a 3-month suspension for the P-plate and speeding offences.

Two weeks after their licence was returned they received a further cancellation of licence for the positive drug test.

Should the suspension for the positive drug test have run concurrently with the initial suspension given all offences occurred at the same time?

Answered

Thank you for the question.

Traffic law is complex and depends on the specific facts and circumstances, including the client’s previous driving history.

From the question it appears the client first received a suspension for exceeding 4 demerit points and has now received an automatic suspension for a major offence, being driving under the influence. Those suspensions do not run concurrently.

An automatic suspension is applied in one of 2 ways:

  1. If no court election is made and the infringement notice is simply paid, the automatic suspension will be applied administratively. In that case a licence appeal can be made under s 267 of the Road Transport Act 2013.
     
  2. If a court election is made and the court convicts the offender, then the court will apply the suspension as part of the penalty for the offence, unless the court has been persuaded to dismiss the charge under s 10 of the Crimes (Sentencing Procedure) Act 1999, which means the suspension will not apply. For a court-imposed suspension an appeal lies to the District Court within 28 days, against the conviction – and also against the penalty, but the suspension period is automatic and necessarily follows from conviction, so any appeal against penalty can only address the amount of any fine.

A court hearing a licence appeal can only quash the suspension wholly or partially, or refuse to do so. Quashing it entirely is unusual. See the By Lawyers Local Court (NSW) – Traffic offences commentary on licence appeals for further information, including the way such appeals proceed and the evidence required.

Regards

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