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CRIMINAL LAW

Roadside Disqualification

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Related Topics	Aiding and Abetting - Parties to Offences - Arrest - Careless Driving - Citizens Arrest - Dangerous Driving - speed and manner - Demerit Points - Disqualification, Removal of - Drunk Driving - Limited Licences - Reckless driving - Refusing To Give Blood - Drink Driving - Removal of Disqualification - Roadside Confiscation (Impoundment) - Speeding - Suppression of Name. - Traffic Fines and Offences - Work Licences -

Have you been instantly disqualified at the roadside for 28 days?

You want to know the law?

Since 3 May 1999, driver licence holders caught committing a serious driving offence will have their licence suspended at the roadside for 28 days.

Roadside licence suspension is part of a tough range of measures aimed at improving road safety.

Make sure you visit all the related topics by direct link from the boxes at the top and the bottom of this page.

Roadside licence suspension is an instant and severe penalty for driving in a manner which puts other road users' lives at risk.

To work effectively, roadside licence suspension requires photo driver licences to be carried at all times when driving, so that driver identification is quick and easy. It also works in tandem with another penalty: roadside vehicle impoundment.

What is roadside licence suspension?

Roadside licence suspension is only used in cases where serious traffic offences have been committed. In summary, your licence will be suspended immediately for 28 days if you:

are caught drink-driving with 650 + in your breath or 130 + in your blood. Of course, they don't take blood at the scene, so the power only, in reality, relates to an excess breath alcohol level.
are caught speeding at more than 40 km/h above any applicable speed limit (does not apply to speed camera offences); or refuse to supply a blood sample.

This is called roadside licence suspension, but it can happen anywhere - at the roadside after you're pulled over for speeding, at a police station or wherever the Police find you after they receive confirmation that your blood-alcohol level significantly exceeded the legal limit.

Roadside licence suspension is an instant and severe penalty for driving in a way that puts the lives of other road users at risk.

What happens if my licence is suspended?

You are given a suspension notice by the Police which will inform you that the 28 day suspension of your licence takes effect immediately. You will not be able to drive home.

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Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"I find this topic really helpful as well as all the topics under the "Weekend Arrest" topic. This is the sort of basic informatin which needs to be taught in schools. Don't you agree?"
Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"What do you do if you actually arrest someone? David K - Timaru. Netlaw replies - You must deliver that person forthwith to a Police officer. You must not use unreasonable force."
Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"Easy to follow. I suggest to other cliemts of Netlaw that they read your topics SPEEDING as well as DEFENDING YOURSELF IN COURT. Nic - Auckland"
Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"Has the law now changed? You used to be able to apply for a disqualification removal after 6 months of any disqualification. Dave H. - Albany NETLAW replies: Yes. That ability has now gone. You need to read this topic carefully and note that there has been a law change,"
Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"WOW . . . a great site. This topic alone is worth the entry fee. I also did my own will and had it checked by a lawyer neighbour and he said it was perfectly OK. Matt G."
"I agree heaps. I actually followed this topic to the letter and got my limited licencemyself. It took a couple of weeks but reckon it could be done in a week. Everything you said happened. The cops were good and the judge was very nice. I only had to mumble "thank you". Noel G. "
"Received phone call from the police today, they have told me they will NOT oppose anything set out in my limited licence application. They were very impressed that I had done all the work myself. Thanks NETLaw - Jake, Christchurch. Netlaw replies: Thank you for teling us. We have had a similar letter from Auckland Central."
Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"Great stuff. Helped me understand the police powers. Also good stuff on other criminal law topics. Manu - Papatoetoe"
Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"Dear Netlaw . . . it was really helpful to realise the difficultes in getting suppression of name and to get some of the caselaw. It allowed me to prepare a lot better. I had a silly shoplifting case but I am in my early thirties and I really wanted name suppression. You guys really helped. Also, you other sites are dazzling. Becs (not my real name) "
Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"WOW . . . a great site. This topic alone is worth the entry fee. I also did my own will and had it checked by a lawyer neighbour and he said it was perfectly OK. Matt G."
"I agree heaps. I actually followed this topic to the letter and got my limited licencemyself. It took a couple of weeks but reckon it could be done in a week. Everything you said happened. The cops were good and the judge was very nice. I only had to mumble "thank you". Noel G. "

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