Administrative licence suspension and how to challenge it
An administrative suspension is not a punishment. It is a temporary measure taken before the case is decided, and it is dealt with separately from the main proceedings.
When a licence is taken on the spot
An officer may suspend a licence administratively in defined situations — driving under the influence, a serious speeding offence, failing to give way where injury resulted, and a number of others. The decision is made at the roadside and does not require a court.
How long it lasts
The period is stated in the decision itself and depends on the offence. Check it against the document rather than relying on what you have been told: the length determines whether an application to cancel is worthwhile at all, or whether the main case will conclude before the suspension expires.
What happens to the vehicle
For a number of offences the vehicle is impounded as well and taken to a compound for a fixed period. Where the car belongs to someone else, its release is a separate procedure carried out by the owner, and storage costs fall on the owner regardless of how the case ends.
Challenging the suspension
An application to cancel or shorten the suspension is filed with the traffic court and heard within days. The court weighs the strength of the prima facie evidence against the harm the suspension causes the driver. This is not the place to argue guilt on the merits — that belongs to the main case, and an improvised factual version given here will follow the file.
Work and a suspended licence
For lorry, taxi, bus and delivery drivers a suspension means income stops. Courts take this into account, but only when it is supported by documents: an employment contract, an employer’s confirmation, a professional licence. A statement that «this is how I make my living», without paperwork, carries little weight — gather the documents before the hearing, not after.
What to bring
- Employment confirmation or professional licence, where the livelihood depends on driving.
- Medical documents, where the car is needed to take a family member for treatment.
- A clean record of previous convictions, if you have one.
- Any evidence of personal circumstances supporting the application.
If the application is refused
You may apply again when circumstances change — for example when new findings about the device’s calibration or fresh medical documents appear. A refusal is not the end of the road, but a renewed application must rest on something new rather than repeat the same arguments.
Relation to the main case
Whatever is argued at the suspension hearing is recorded and accompanies the file. Keep the focus on the strength of the evidence and the harm caused by the suspension, and leave the substantive defence to the trial itself.
This article is general information and does not replace legal advice.
