POLICE POWERS UNDER THE HOON LAWS:
The police have the power to seize, impound or immobilise a motor vehicle they reasonably believe was driven in the commission of a hoon offence, even if the driver of the vehicle at the time is not the registered owner.
There are circumstances where the vehicle can be impounded or immobilised for a first offence, and in other cases, only if you have committed a hoon offence within the last 6 years.
Our criminal lawyers can take immediate action to have the decision to impound your vehicle reviewed by the police, or we can appeal the decision to the Magistrates’ Court on specific grounds.
As of 29 October 2018, your car can be impounded for a period of 30 days for a first offence of any of the following:
- Driving while suspended/disqualified;
- Unlicenced driving;
- Driving in breach of a licence condition (for example, an interlock condition or a zero BAC condition);
- Drink driving or combined drink and drug driving where the BAC is 0.10 or more;
- Intentionally or recklessly exposing an emergency services worker or custodial worker to risk by driving;
- Damaging an emergency services vehicle;
- Speeding at 45km/h or more over the speed limit (or at a speed of 145km or more in a 110kph zone);
- Careless driving;
- Improper use of vehicle (loss of traction);
- Making unnecessary noise or smoke;
- failing to have proper control of vehicle;
- Race or speed trials;
- Riding a miniaturised motorcycle on a road or road-related area;
- Dangerous driving;
- Dangerous driving whilst pursued by police;
- Driving a motor vehicle when directed to stop;
- Deliberately or recklessly entering a level crossing when a train or tram is approaching etc;
- Driving with excessive passengers in the car.
The vehicle being driven in the commission of the offence can also be immediately impounded for a period of 30 days if within the past 6 years, you committed ANY impoundment offence, and the latest offence is any of the following:
- Drink driving with a BAC of between 0.05 and 0.099;
- Drug driving;
- Combined drink and drug-driving with a BAC of less than 0.10.
If you have committed an impoundment offence on 2 occasions, the Court can order that your vehicle be impounded for a further 45 days to 3 months beyond the initial impoundment.
If you have committed an impoundment offence for a third time (or more), the Court can make an order to confiscate and destroy your vehicle.
To have any chance of avoiding this from happening you need lawyers that you can trust, who understand the law and your rights and the rights of 3rd parties and who know what the prosecution are required to do in order to be successful in their application. This is why it is critical that you contact the experienced lawyers at Ondrik Larsen Lawyers – because we understand the law and we will protect your rights.
If you have been spoken to by police about a driving matter, click here for information about what to do next.