WA Police Impounding Our Car - What to Do?

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Sara Lakmali

Member
12 November 2018
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0
1
Hi,

I am an expecting woman with my first and yesterday, I asked my husband to come home to pick me to doctor as I was very sick. He was afraid and drove in 110km/h in 60km/h rural area with no school zone. But Police officers caught him and came with the house and asked me to call the ambulance.

They are impounding our car and it was towed for 28 days and asked to come to the police station 9th December. He also said we have to go to court and it will cancel my husband drivers licence. My husband has a clear driving history, never caught for police, don't use alcohol. He didn't do any crime.

I am so anxious and now I couldn't go to my clinic or doctor appointments. I have a high risk pregnancy and high blood pressure. When I told this to police officer he said I have to call the ambulance. I have no private insurance to call the ambulance every time I am sick. Feel he was very inhuman.

I have no idea to what to do feel very stressed. Please reply to me what steps I have to take to release our car.
 

Harry De Elle

Well-Known Member
11 February 2017
63
3
199
Under the Road Traffic Act 1974 s 60 a police officer has the power to impound a vehicle for various offences which on the facts apply to your husband.
The impounding has a legitimate basis.
You should speak to the Police and submit an application for early release on the grounds of exceptional hardship.
If the household has more than one vehicle, the application will be rejected as you should make arrangements to use that other vehicle.
 

Harry De Elle

Well-Known Member
11 February 2017
63
3
199
PS: Travelling above the speed limit is a criminal offence no matter what the reason is. They are imposed so as to save lives. There are however always exceptions to the law.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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820
2,894
Sydney
He didn't do any crime.
Yes, he did.
He did 110+ in a 60 zone.
As near twice the legal limit as makes no difference.
That makes him a danger to himself, and a danger to others.

Let's be clear - Ignorant blind panic is not at all likely to work as a defence in court.
Your husband will need proper, case specific legal advice.

It is possible to buy ambulance-only cover.
You need to seriously consider it.
The cost of repeated callouts and transfers will mount up fast,
and will far exceed the premium.
So will the fines and other penalties if/ when he drives while disqualified.
 
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