If found guilty of two relevant offences within six years, even if the police may have already impounded your car, they can make an application to impound your vehicle for a further three months under section 84U of the RSA.
The police can make an application to forfeit the vehicle to the minister if a person is found to have committed 2 or more other relevant offences in a six-year period.
Just because the police make an application does not mean that it will be granted. There are applications that can be made on behalf of defendants, particularly when a 3rd party would be affected by the impoundment or when the defendant and owner of the vehicle have extenuating circumstances subject to certain conditions although these circumstances have now been limited since the decision of Overend v Chief Commissioner of Police (2014) VCS 424 has been overturned by the introduction of section 84Z(3AB) of the Road Safety Act. It is subsequently now very difficult to fight forfeiture orders although there are still some avenues that should always be explored.
The legislation is very complicated and the above information is a brief overview provided to give people affected by the hoon legislation some insight into the complexities involved in challenging this legislation.
Magistrates and prosecutors still routinely make mistakes when dealing with these applications. It is critical when you attend Court that you have a lawyer who can competently communicate the law to a Magistrate.
At Dribbin & Brown Traffic Lawyers we routinely represent clients affected by this legislation. If you have had your car or bike impounded call our office today and speak to one of our lawyers about how we might best approach your matter.
