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Vehicle impoundment · Cairns & Far North QLD

Vehicle impoundment lawyer in Cairns

Police can take a car on the spot for some driving offences, even if it belongs to someone else. Talk to Joseph Rahim about getting it back and about the charge.

Free, confidential first consultation. No obligation.

Rows of parked cars behind a chain-link fence at a vehicle holding yard on an overcast day
The law

Which offences lead to impoundment

The Police Powers and Responsibilities Act 2000 (Qld) sorts these offences into two groups.

Type 1 (hooning and evading)

  • careless or dangerous driving involving a speed trial, a race or a burnout
  • taking part in a race or speed trial on a road
  • wilfully causing a sustained loss of traction
  • making unnecessary noise or smoke in a speed trial, race or burnout
  • evading police

Type 2

  • driving more than 40 km/h over the speed limit
  • unlicensed, suspended or disqualified driving
  • drink driving over the high alcohol limit
  • failing to provide a breath, saliva or blood specimen
  • driving during a 24-hour licence suspension
  • driving an unregistered and uninsured vehicle
  • driving a vehicle in breach of certain defect notices
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Your car

What can happen to the vehicle

  • Type 1 offences, from the first offenceFor a first type 1 offence in five years, the vehicle or its number plates can be impounded for a set period, and a further offence within five years can lead to forfeiture.
  • Type 2 offences, from the second offenceA second or third type 2 offence within five years can lead to impoundment, and a fourth or more to forfeiture.
  • Before any court hearingPolice can impound the vehicle, remove its plates or immobilise it at the time, before the charge is decided.
  • Early release is possible in some casesThe owner or usual driver can apply in writing to the Commissioner of Police for early release, for example for severe financial or physical hardship, or where the offence happened without the owner’s consent. A refusal can be appealed to the Magistrates Court.
Things to avoid

Do not interfere with an impounded car

Removing an immobilising device, or using a car whose plates have been confiscated, is a separate offence.

Missing court makes it worse

If you miss your court date and a warrant is issued, the vehicle can be forfeited.

How Joseph helps

One lawyer, from your first call to the end of your matter

Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph

When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.

  • He tells you whether the offence police allege is one that allows impoundment.
  • He advises on an early release application and what evidence it needs.
  • He advises the owner when someone else was driving.
  • He represents you on the driving charge in court.
Talk to Joseph
Joseph Rahim, Principal of Coral Coast Law
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Questions

Impoundment questions

Can police take a car that is not mine?

Yes. Impoundment is about the vehicle used for the offence. The owner can apply for early release if the offence happened without their consent.

Can I get my car back early?

The owner or usual driver can apply to the Commissioner of Police for early release in some situations, such as severe hardship.

Can I lose my car for good?

Yes. Repeat offences within five years can lead to forfeiture to the State.

Is the first consultation free?

Yes. It is free, confidential and comes with no obligation.

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Talk to Joseph before your court date

The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.

0447 028 080

Free, confidential first consultation.

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This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.