Driver's Licence After Disqualification WA

When the police has randomly stopped a driver and his blood alcohol concentration is higher than the limit prescribed for his type of license, the police will automatically issue two citations: a traffic infringement notice which specifically describes the offense and the blood alcohol concentration of the driver upon apprehension; and a disqualification notice which disqualifies the driver from driving for two months.

The apprehended and charged driver can accept the infringement and disqualification notices, abide by the penalty and pay the fine. Or else, the driver can appeal the police’s issuance of the infringement and disqualification notices in the magistrate’s court.

The magistrate court’s decision will be final on this appeal. In court, the police will be presenting evidence of the drink driver’s blood alcohol concentration and eyewitness testimony to the manner of his operation of the vehicle. On the other hand, the driver is also given the opportunity to scrutinise the police’s evidence and to present evidence of his own. If he is found guilty by the magistrate’s court while on appeal, the penalties will be much higher than if the driver had just accepted the terms of the infringement and disqualification notice.
 

 



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