If you’ve been issued a Notice of Immediate Suspension under section 85S of the Road Safety Act 1986 (Vic), you may be wondering what it means and what your next steps should be. These notices can be confronting, especially for those who rely on their driver’s licence for work or family commitments.
What Is a Notice of Immediate Suspension?
A Notice of Immediate Suspension (NOIS) is a document issued by Victoria Police that suspends your driver’s licence on the spot, usually following a serious driving-related offence such as drink driving, drug driving, or excessive speeding. The suspension takes effect immediately and remains in place until your court hearing or further notice.
Why You Received One
Police may issue a NOIS if you are alleged to have committed an offence such as:
- Exceeding the prescribed alcohol limit (0.05 or higher);
- Driving under the influence of drugs;
- Driving 45 km/h or more over the speed limit;
- Refusing a breath or blood test.
These are treated as high-risk offences under Victorian law.
Your Options After Receiving a NOIS
Once a NOIS is issued, you cannot drive until the matter is resolved. However, you can challenge the suspension through the Magistrates’ Court in limited circumstances. It is essential to get legal advice early to determine whether you have valid grounds to contest the suspension or mitigate its impact.
How a Criminal Lawyer Can Help
At EAS Legal, we regularly assist clients who have received immediate suspension notices. We can review the evidence, assess your chances of successfully challenging the suspension, and help you prepare for your court appearance. Our lawyers appear daily in Melbourne and regional Magistrates’ Courts for traffic and criminal matters.
If you have received a Notice of Immediate Suspension, contact EAS Legal today for clear, practical advice about your next steps.
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