Coleman -v- Commissioner of Police, New South Wales Police Service [2000] NSWADT 15

CITATION: Coleman -v- Commissioner of Police, New South Wales Police Service [2000] NSWADT 15 DIVISION: General Division APPLICANT Adam Coleman PARTIES: RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 003026 HEARING DATES: 03/02/2000 SUBMISSIONS CLOSED: 02/03/2000 DATE OF DECISION: 02/21/2000

BEFORE: Hennessy N (Deputy President) APPLICATION: Road Transport (General) Act - driver's licence suspension - Driver's licence suspension MATTER FOR DECISION: Principal matter LEGISLATION CITED : Road Transport (General) Act 1999 CASES CITED: Schulz -v- Mill (1984 1 MVR 37) APPLICANT REPRESENTATION: In person RESPONDENT G Doherty, solicitor, NSW Police Service ORDERS: 1. Decision to suspend applicant's driver's licence is affirmed.

Reasons for Decision

1 This is an application under section 48 of the Road Transport (General) Act 1999 (the Act). The applicant, Mr Coleman, has asked the Tribunal to review a decision of a police officer to suspend his drivers licence.

2 Section 34(1) of the Act states that:

"If a person is charged by a police officer with an offence under section 9(3) or (4), 15(4), 16 or 22(2) of the Road Transport (Safety and Traffic Management) Act 1999, the same or another police officer may, at any time within 48 hours after the person has been charged, give the person a suspension notice."

3 Mr Coleman was given a suspension notice on 29 January 2000 after he was breath tested and found to have a blood alcohol concentration of 0.135.