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Drive Whilst Suspended and Police Suspension Notices

Instead of police suspension notices, Queensland police will issue infringement notices. The type of infringement will depend on the offence committed.

The infringement notice may be issued to:

  • Driver of the vehicle at the time of the commission of the offence;
  • Registered operator of the vehicle;
  • Passenger in the vehicle;

All three of the above. The infringement notice gives the offender a choice whether to pay the fine stated therein and in the process avoid going to court or contest the notice in court.

The law gives the offender 28 days from receipt of the notice to take action. If the offender does not act within this period, the notice will be sent to the State Penalties Enforcement Register which will enforce payment of the fine including additional fees. Demerit points will also be marked in the offender’s traffic record.

The accused must remember that paying the fine is tantamount as acceptance of the liability. It is like a confession that the accused has committed the offence. Hence, the accused is barred from contesting the notice in court. An accused who intends to go to court must not pay the fine.

Drink driving offences are considered "Major Offences" under the law and thus attract heavy fines, periods of licence disqualification and possibly terms of imprisonment. If you have been charged with a traffic offence or are under Police investigation, it is important that you seek legal advice. Contact our Criminal lawyers .

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