5,484
edits
Difference between revisions of "Motor Vehicle Offences for Drugs and Alcohol (13:IX)"
Jump to navigation
Jump to search
m
Motor Vehicle Offences for Drugs and Alcohol (13:IX) (view source)
Revision as of 23:49, 15 February 2017
, 23:49, 15 February 2017→i) Challenging Immediate Roadside Prohibition (issued for 3, 7, 30, or 90 days)
Desy Wahyuni (talk | contribs) m |
Desy Wahyuni (talk | contribs) |
||
| Line 37: | Line 37: | ||
As discussed above, your vehicle may be impounded if you are issued an Immediate Roadside Prohibition. This is discretionary for 3 and 7 day prohibitions, but mandatory for 30 and 90 day prohibition. | As discussed above, your vehicle may be impounded if you are issued an Immediate Roadside Prohibition. This is discretionary for 3 and 7 day prohibitions, but mandatory for 30 and 90 day prohibition. | ||
==== | ====a) Challenging Immediate Roadside Prohibition (issued for 3, 7, 30, or 90 days)==== | ||
A person may, within 7 days of being served with a notice of driving prohibition under section 215.41, apply to the superintendent for a review of the driving prohibition (Motor Vehicle Act s 215.48(1)) by attending any driver licensing center, and complete and submit the form, “Immediate Roadside Prohibition – Application for Review – Section 215.48 Motor Vehicle Act”. Fill in the blanks and check all boxes that indicate the ‘grounds for review.’ The grounds for review are: | A person may, within 7 days of being served with a notice of driving prohibition under section 215.41, apply to the superintendent for a review of the driving prohibition (Motor Vehicle Act s 215.48(1)) by attending any driver licensing center, and complete and submit the form, “Immediate Roadside Prohibition – Application for Review – Section 215.48 Motor Vehicle Act”. Fill in the blanks and check all boxes that indicate the ‘grounds for review.’ The grounds for review are: | ||
| Line 68: | Line 68: | ||
It is highly recommended that individuals seeking to challenge an immediate roadside prohibition be represented by a lawyer. | It is highly recommended that individuals seeking to challenge an immediate roadside prohibition be represented by a lawyer. | ||
==== | ==== b) What Happens if you Lose the Hearing? ==== | ||
The administrative decision (review decision) is final. If the application is unsuccessful, the only recourse is through a judicial review. The application for the judicial review must be filed within 30 days of receiving the decision, and is made by filing a notice of petition in Supreme Court. The filing fee is $200, and appeals can generally only be made on the basis that the original decision was unreasonable. | The administrative decision (review decision) is final. If the application is unsuccessful, the only recourse is through a judicial review. The application for the judicial review must be filed within 30 days of receiving the decision, and is made by filing a notice of petition in Supreme Court. The filing fee is $200, and appeals can generally only be made on the basis that the original decision was unreasonable. | ||
It is highly recommended that individuals seeking to challenge the administrative decision by way of judicial review be represented by a lawyer. | It is highly recommended that individuals seeking to challenge the administrative decision by way of judicial review be represented by a lawyer. | ||
===2. 12 and 24 Hour Prohibitions=== | ===2. 12 and 24 Hour Prohibitions=== | ||