Australia: Loss of car license.

Raving Loony

Raving Loony

Bluelighter
Joined
Jan 21, 2002
Messages
3,181
Australia: Loss of car license (update).

Right, I did a bad bad thing and I'm in some rather serious poo. I drove too fast and I face loosing my license for 12 months unless I contest it in court. The prospect of 12 months without the ability to drive is going to destroy me as I looking for a new job. Three or four months loss I could put up with, but any more would be crippling. Hell, I'd rather do a thousand hours community service than be without my license for a year.

Basically I was being a dickhead and I rightly deserve to be punished. I just got tempted into driving quickly because, well ... my new car can. I have been driving for over thirteen years without an accident or driven under the influence, I've never had a heavy speeding ticket and never been convicted of any crime.

So tomorrow I going to find the best lawyer I can find so I can contest the severity in court.

Assuming the hearing goes well, what sort penalty reduction could I expect to receieve?
 
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Hi Raving,

I don't really have an answer to your question directly, however this might make you feel a little better.

I was in Newtown Local Court on Tuesday for my own hearing in relation to a drug offence, however the hearing before mine was for a gentleman who was caught drink driving. His lawyer had 5 characters references for him and this man had never been in trouble before for any speeding/DUI ... The magistrate let him off with a warning and allowed him his license back.

Get a decent Laywer - They should be able to advise the exact steps to take in order to try and get a no penaltie. 13yrs good driving would certainly be a huge advantage.

Cheers mate! Good luck..

Shal..
 
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Aww, thanks man. Good luck with your case. *mwah*

I've been talking to quite a few people and all I can do from here until the hearing is hope for the best. I've got a good solicitor and I just have to pray that it all works out for the best.

Damn I feel stoopid. :(
 
Definately get yourself a good lawyer, it makes a hell of a difference.

Many years ago when I first got my liscence I got done for speeding, wreckless driving and leaving the scene of an accident - yes, you're not the only one who's been an idiot - but the icing on the cake, I was still on my P's!

Anyway, my lawyer pleaded that I was a upstanding citizen with no prior convictions and that I also needed my car for work purposes, which I did. Anway, I got off with a years probation and the 200 dollar fine in the poor box :)

I was lucky!

Best of luck to both of you :)
 
Well I just spoke to the legal aid people (after my solicitor kept on getting called into court) on the phone and they said that unless you can prove that I wasn't going so fast, then there is zero they can do. No chance of even reducing the sentence.

Surely the situation isn't that hopless or is it?

I start a job in a new city the very day that the 28 day period expires and it's going to make me look real bad during my initial 3-month working probation period.
 
Well it's nearing that time when I will be in front of the magistrate and I pretty much screwed. Even after forking out money for the best barrister in a 100km radius. Manditory sentencing is enforced in victoria for all speeding offences.
 
Well, I know Aussie law will be different from UK,. but they're often quite similar, and over here you can get out of a ban if you tell the court you need it for work (some crap about not taking people's jobs away), then they just give you like 120hours community service (painting old people's houses or some such) and a fine of a couple of hundred quid....

And don't call urself a dickhead for driving fast, everyone does it and it really is a victimless crime no matter what the fools in Parliament say!
 
exmancs said:
And don't call urself a dickhead for driving fast, everyone does it and it really is a victimless crime no matter what the fools in Parliament say!
Click to expand...

K, I'm going to have to disagree with that. Speeding is far from the crime against humainty that it is portrayed, but its hardly victimless when you plough into someone who slid out going around a corner too fast.
 
If someone plows into you, then surely they are driving carelessly... Just because you're driving fast, doesn't necessarily follow you're driving without due care and attention.
 
If your speeding, it gives you less time to react. I think we can all agree with that. If you eract one second too late because you're speeding, and that one second means you crash, then it isnt a victimless crime.

I'm not saying that I dont speed, or that its THAT bad, im just saying it isnt victimless.
 
yeah speeding can be bad but where i got booked i should have been let off with a warning.
9 days after getting my p's Nobody else in the car at 2AM no cars on the road a straight 3 lane road with 30 metre wide nature strip both sides of the road with no trees or any thing i got booked buy an undercover cop who happened to be coming the other way done for doing 101 in a 70 zone lost 6 points and a $350 fine
but i got sent a letter saying i could loose my licence for like 3 - 6 months or i could go on good behavior licence. so if you need it for work you should be okay
Out of interest sake how fast were you going?
 
^ 145kph in a 100 zone. I won't bore you with the details, but when explained my reason for driving quickly at the time was somewhat justifyable.

Today was my big day (finally). Originally I was down for $430 fine, 8 demerit points with 12 months loss of license. My barrister today plea bargained with the police to bring the alleged speed down by 1kph which reduced the penalty down to a $360 fine, 6 demerit points and a 6 month loss of license.

I was hoping that the best legal rep available would be able to talk it down 11 kph which carries just a 1 month loss, but sadly it did not happen. I guess barristers have got their reputation to look after and don't want to push too hard on matters unless the defendant faces devestating consequences.

A rather costly legal and drawn out excercise that in the end. It has really only just been worth the trouble.

p.s. Sadly there is no provision in this State for allowing offenders to drive on so long as they be good boys or girls. Can't even do community service instead.
 
Geez mate, I got done doing 100 in a 50 zone, down south in Tassie.. I got 3 months disq, and a $400 fine. And I was only provisional at the time. You were unlucky.
 
yeah unlucky. here in wa. i got done at 113km in a 70 zone. 43 over.

$350 fine and 6 points. was on P's as well.
 
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