QUEENSLAND IMPOUNDMENT PROCESS

An experienced Gold Coast Criminal Lawyer will ensure your best outcome.

Hooning Laws

Hooning and other reckless driving offences can result in the impoundment or immobilisation of a motor vehicle for a period of  seven to 90 days under Queensland Hooning Laws.  For repeat offending the vehicle can be forfeit to the state.  While there is capacity to appeal these decisions,  the intention of the legislation is clear.  Go too far and lose your car.

The offending is broken into two categories: Type 1 and Type 2.

Type 1 Hooning Laws

1. Evading police
2. Any of the following offences committed during a speed trial, race or a burn out
   1. Dangerous Operation of a Motor Vehicle;
   2. Careless Driving;
   3. Organising, promoting or taking part in reacting or speed trials;
   4. Wilfully starting or driving a motor vehicle in a way that makes unnecessary noise or smoke.

Type 2 Hooning Laws

1. Driving a vehicle while out is uninsured and unregistered
2. Unlicensed driving;
3. High range drink driving 0.015% and over;
4. Exceeding the speed limit by more than 40 km/h;
5. Driving an illegally modified vehicle;
6. Failure to supply a specimen of breath or blood; or
7. Driving while under a 24 hour suspension.

Can I apply for the early release of my vehicle?

The owner or usual driver of the impounded vehicle can apply in writing to the Commissioner of Police for early release of the their vehicle if they can establish:

1. Severe personal or financial hardship.
2. The offence was committed without the owners consent.
3. The unlicensed or uninsured offence has been rectified.
4. The grounds for impoundment were unreasonable.

If you require assistance drafting an Application to the Commissioner of Police or wish to appeal the Commissioner’s decision then you should contact Gatenby Criminal Lawyers for advice and expert assistance.

Disclaimer

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

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