1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Legal Advice License Suspension

Discussion in 'General Discussion Forum' started by Technical Coach, Apr 26, 2013.

  1. Technical Coach

    Technical Coach Well-Known Member

    1,902
    500
    Ratings:
    +863 / 45
    Received a letter a few days ago informing me my license will be suspended in a months time due to a recent speeding fine over 30km's(i was locked in cruise control mode off the motorway that was 100km/h on the exit that was 60km/h) which is an automatic 3 months suspension $800 fine and 5 demerit points.

    I was going to ask for a good behavior license which i thought went through the local court just found out you have to ask the RTA for this request.

    Just wondering is it worth going into the local court and appealing the suspension, it's been 4-5yrs since my last speeding fine(late for Golf tee off lol) and before that i think it was 7-8yrs i had another speeding fine.

    I do think for the type of speeding i did which was not deliberate, i was cruising for 30mins on the motorway and it was just a loss of concentration on the exit and losing my license is overly harsh in my case. I fully understand and accept in a built up residential 60km/h zone and actually putting your foot on the accelerator to speed deserves such punishment but i think in my case to suspend my license is way too harsh.

    I had a full license with all points prior to this last booking not sure if that matters.

    Thanks in advance guys if you have any experience in this matter and can offer an opinion.
     
  2. Dan

    Dan Administrator Staff Member Administrator 2016 Tipping Competitor

    32,370
    3,610
    Amsterdam, The Netherlands
    Ratings:
    +5,462 / 74
    You could try foe a section 10 if you havent before.

    Beyond that id call a solicitor and sit down with thwm will cost uou $200 though
     
  3. Technical Coach

    Technical Coach Well-Known Member

    1,902
    500
    Ratings:
    +863 / 45
    What is a section 10 I'm guessing limited driving time based around work hours.

    I'm more hoping that the judge will see this punishment as too harsh and a $800 dollar fine on top of $83 court fee and a day off work is fair punishment for the type of speeding i did on that day. Was hoping if anyone here has been in the same situation and what eventuated or know past cases.

    12 months good behaviour and driving real nervously to not accumulate 2 or more points which will result in a 6 month suspension will do my head in looking at the speedo every 2 seconds paying less attention to the road.

    Mind you it's been 5yrs since my last fine so just have to drive like i normally do and not think about it too much and i will be fine.
     
  4. Dan

    Dan Administrator Staff Member Administrator 2016 Tipping Competitor

    32,370
    3,610
    Amsterdam, The Netherlands
    Ratings:
    +5,462 / 74
    Section 10 dismissal.

    You can try for first offense or that the offense was trivial for whatever reason.

    Yiu can also submit yourself to a diversion course and use that. It means you may have to spend a weekend doing a safe driving course.

    Im not sure whether you qualify but I went to the court case of a friend a few years ago for a speeding incident and he went for a section 10 and got it. Spent a few days at a driving diversion course but he jonestly needed it to anyway.

    Id still discuss whether you would qualify with the legal aid advice line you can at least get advice on whether thats worth pursuing
     
  5. globaleagle

    globaleagle Où est mon chapeau Premium Member 2016 Tipping Competitor

    11,777
    4,704
    Ratings:
    +7,782 / 58
    Once or twice I wrote character references for people going to court about their licences. (back when I was respectable).

    If you go down that path, it couldn't hurt to get a couple.

    I'm not much help about the rest but luckily Dan seems to be (if you can decipher his typing.) hehehe

    Good luck! Australia has one of the toughest driving fines and points system in the world.

    In Canada, they don't even care unless you're doing over 20k...over the speed limit!
     
  6. manlyfan76

    manlyfan76 Parra Trolls are the best. Premium Member 2016 Tipping Competitor

    8,555
    2,429
    Anywhere but Parramatta
    Ratings:
    +5,342 / 111
    Get someone overseas to take the points.
     
  7. Technical Coach

    Technical Coach Well-Known Member

    1,902
    500
    Ratings:
    +863 / 45
    It's not a points issue i had full points and even after losing five i still have 8 remaining.

    I'm just not sure if there are any precedents set with others in relation to dropping the suspension part due to it being overly harsh.

    I have read you can use this line of argument but not sure if in my circumstances judges have a lenient side.
     

Share This Page