My 17yo son had his licence disqualified for demerit point accumulation. He was on 'P' plates. He has been caught driving and had his car impounded on the spot.The police gave him a Notice on Impounding - Section 79B: S.49 (1)(a) as it applies to S. 49(3)(a), (b) or (c).The police sent out the traffice offence referring to Section 49(9) of the Road Traffic Act 1974.The Notice to Attend Court refers to Section 49(1)(a) & 3(b). The details of the alleged offence refer to Section 49(9).The Statement of Material Facts refers to Section 49(1)(a) & (3) (b) and impoundment refers to Section 79B.He has attended court and has been disqualified from driving for 9 months and a $400 fine. The impounding costs came to $1,006.10.Should he have been charged under Section 49 (1) (a) - (3) (d)? As the police report refers to Section 49 (9), which in turn refers to section (3) (d).As he has been charged under Section 49 (3) (a), (b) or (c), the penalty is different from Section (d).
Section 49(9) is not an offence provision. The offence provision is 49(1). So your son could not have been charged with breaching s. 49(9). (9) When subsection (3)(d) refers to a person who is no longer authorised to drive because of penalty enforcement laws, it means that the person — (a) has been disqualified from holding or obtaining a driver’s licence under section 19 or 43 of the Fines, Penalties and Infringement Notices Enforcement Act 1994 ; or (b) is the subject of any disqualification or suspension under a law of another jurisdiction that is prescribed to be a corresponding law for the purposes of this subsection.
Should be have been charged under section 49 (1) (3) (a), (b), (c) or (d)?
Yes, and he likely was charged under 49 (1) (3) (a), (b), (c) or (d). But I haven't seen the infringement notice so cannot verify that for sure.If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
Is he charged by the traffic offence sent by the police or the Notice to attend court?
As both of these documents refer to different sections.
The infringement given to him by the police officer.If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
As a lawyer, would you advise this is something worth pursuing?
That ship has already sailed. He had his Court hearing and was sentenced by the Magistrate. And because he didn't raise these issues with the Magistrate, he can't use them to appeal. I'm sorry.Please don't forget to provide positive feedback so that I will get credit for the time spent on your question.
I did my law degree at the University of Queensland
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