Got Pulled Over While On Suspension

[Silver-Arrowz]

I doubt you'll go to jail, but you might get extension on that suspension.

Learn and live mate. Don't drive until the suspension is over. Get rid of the temptation, give the keys to your parents and get them to hide it or something.

[blind_elk]

...Get a copy of the bus and train timetable showing that you couldn't get to work without driving.

<{POST_SNAPBACK}>

Don't forget the schedule showing that you couldn't use a taxi. Or the Father / Mother / brother / sister / other rellie / work mate that couldn't give you a ride.

Sorry, NO EXCUSE!

[siksII]

sounds like u have shat yourself enough, my advice would be dont worry about what you cant change, so live with it and just take it as it comes, or it will drive you and probably others around you crazy.... as for the future u can change that so just dont drive while disqualified again...

[Tangles]

Stall, time is your friend.  Stall as much as you can, for as long as you can.  Under no circumstances do you want to go to court while you are still disqualified.  The record I have seen is 2 years, it was hard work but it was done.

If you do get a summons, wait until about a week before the court date and then request an adjournment at the local court house.  The idea is to stall until you get you licence back, the golden rule is don't get busted for anything else when you do get your licence back.  Then get you boss to write a note saying that you HAD to work.  Get a copy of the bus and train timetable showing that you couldn't get to work without driving.  Obtain a copy of the act removing the "drive for work rule".  Submit it all as evidence, say you have learnt your lesson, you have been a good boy since you got your licence back etc etc.  That's why you stall, so you get a clean driving period.

Then cop whatever the magistrate hands out on the chin.  Whatever you do don't EVER drive without a licence again, you will go to jail.

cheers

<{POST_SNAPBACK}>

Good advice SK.

I got done for 144 in a 100 zone as a P plater (down Willunga Hill rd in SA), just cruising in neutral in my VW Type 3 wagon.

Stalled for 18months, so got to keep the license for that much longer, pleaded with judge that I needed the car to get to work, lived in the Hills with no other transport (no buses trains etc).

Judge was lenient with me, was on Ps for an extra 12months from the date of judgement. Dress well, speak impecibly and be very polite. Plead your case, and appeal if you need to.

[Remix-]

You will be fine and will not go to jail. I doubt you will get anything harder than a fine and 6 months additional DL suspension.

I recommend you grab yourself a decent lawyer to plead your case. The outcome of your case will be based on your previous traffic history and the judges mood (eg if his mrs's put out the night before). A good lawyer is one who is familiar with the local courts and knows which judges to adjourn and which to proceed your hearing.

Good luck mate

Edited February 9, 2006 by Remix-

[Taso84]

My mate got pulled over twice while under suspension, the first time he went to court got his suspension doubled and got a fine (700-800) from what i remember. Second time he went to court again and got his suspension doubled again (cumulative) and got a $2000 fine. He's got a record now (any conviction in court gives u a record no matter what) and the judge said if he does again he'll go to jail.

Trust me man, u wont go to jail. Don't stress bout it, see it as an opputnity to save some dosh to do up ur car for when u get it back.

Plus public transport is not that bad in Melbourne... cough... cough.

Nah seriously its not that bad, just gotta get used to waiting.

Good luck with it

[Taso84]

Also forgot to mention, my mate was drifting his 180 when he was caught and he was a full on smartass to the cop so u have nothing to worry about.

[koleka]

my cousin is serving a one month sentence in prison for driving while suspened 3 times.

so obviously you have no clue.

also depending on your history, chances are you wont get a criminal record, normaly an extended suspension, also depends on the judge. It wil have to be a really bad case if you are convicted. very rare.

Taso84, did you see your friend doing that or did he tell you?

[SRB]

if this was in qld...

letter suspension (demerit points etc)- at court u will get 6 months as of court date

if u have been to court b4 and got suspended- minimum 2 years (mandatory)

[saff_cossie]

you get to keep your license card even if you're suspended in VIC.

<{POST_SNAPBACK}>

Not in all cases Funky. Girlfriends brother had to submit it to Vic Roads, his mother made sure of it to ensure he learnt his lesson :lol:

[Taso84]

my cousin is serving a one month sentence in prison for driving while suspened 3 times.

so obviously you have no clue.

<{POST_SNAPBACK}>

If u had read what i wrote correctly u would have noticed i said that if he does it 1 more time he will goto jail. The system basically is three strikes and your out but it is always up to the judges discetion. So read b4 u dish out sh*t, mate

btw i didnt see the guy do it but some people went to court with him and the cop told the court exactly what happend. And yes, if u are found guilty in the court you will have a record no matter what coz it never gets wiped clean even though technically its not a "criminal record"

Edited February 9, 2006 by Taso84

[Amaru]

also depending on your history, chances are you wont get a criminal record, normaly an extended suspension, also depends on the judge. It wil have to be a really bad case if you are convicted. very rare.

<{POST_SNAPBACK}>

If he recieves the summons it will be because he has been charged with a criminal offence (driving while unlicensed). For the judge to impose an extra suspension, the court has to find you guilty of the offence (a judge cant impose a sentance on an innocent person, and thats how our courts work, innocent until proven guilty), which means you will have a criminal conviction against your name.

You can try and pull the i had to work excuse, but from first hand experience in ACT, it doesnt work well with the judges anymore. You caused the initial suspension, its not the courts or anyone elses fault you couldnt get to work (and public transport extends beyond busses and trains to include taxis... and taxis run all the time).

Basically I would be expecting at a minimum an extra 6 months suspension and a reasonable sized fine.

[koleka]

okay people, i want 3 people to ring a police station or vicroads, and find out if you are criminaly charged for this offence, just so we can get a real idea and not just an idea from a friends friend.

ive got my sources and they have been checked.

so people post up what you where told

[INASNT]

A rather funny thing happened to a mates brother recently.

He got pulled over and breath tested and was over the limit so lost his license for 3 months. Then a week later he got caught driving, drunk, yes drunk again and had to go to court and got x amount of hours on community service.

Now the funny part. While doing community service he hurt hes back real bad and is now on workcover. He can barely walk and is waiting for an opertion to be paid for by workcover, but they are taking their time coz he was doing community service. Everyone feels sorry for him when they see him, but when they hear how it happened they change their mind.

So even if they give u jail time, u can get off with a suspended sentance and go on a 1 year good behaviour thing.

[Guilt-Toy]

Good luck mate

[d0p3y]

Wait until you actually receive a court notice before you start worrying too much mate. If you're lucky, you won't get one, but take it as a lesson either way not to ever, ever risk driving whilst suspended!

Hope it turns out for the better in any case.

[eddieneedsboost]

im in qld got done 40km\h over the limit and the cop said ill get a 6 month suspension , 8 points , $700 fine. I havnt been sent anything in the mail yet tho so am i still right to drive or am i suspended already?

[d0p3y]

You are not suspended until you receive a suspension notice.

[ctjet]

im in qld got done 40km\h over the limit and the cop said ill get a 6 month suspension , 8 points , $700 fine. I havnt been sent anything in the mail yet tho so am i still right to drive or am i suspended already?

<{POST_SNAPBACK}>

shouldnt u hav got it on the spot?

[Thunderbolt]

im in qld got done 40km\h over the limit and the cop said ill get a 6 month suspension , 8 points , $700 fine. I havnt been sent anything in the mail yet tho so am i still right to drive or am i suspended already?

<{POST_SNAPBACK}>

Did he let you drive away? Did you actually get the fine? How long ago were you done?

If your answer is yes, no, long time - then chances are he was just trying to scare you without actually penalising you. If you have received a fine though, I would suspect the suspension would already be underway.