License Appeal

[paulmac]

hey just recently lost my license on the weekend and wondering what the rules are on appealling a dui i heard that if unsuccessful in the appeal they can longer your sentance?? is this true? also does anyone know if i'd have any grounds to stand on or if they dont really mind if you havent appealed in over a year any help muchly appreciated thanks Paul.

[Deluxe]

Id say it depends on what you got done for mate........ if you flat out got busted, then you won't have much to stand on, so no point appealing!

[Tangles]

you have EVERY right to appear before a judge and plead your case.

so use your right; appeal and go to court - you might get lucky

[paulmac]

yeah i reckon i will try appeal but i heard a rumor they can lengthen your sentance if you fail the appeal is this correct its the only real reason im a bit weary of appealing cheers paul

[Absent]

Ive appealed and got an extension of my p's for 6 months, its very easy, out of 20 odd people everyone got their license back some with serious offences like 100 in a 60. Have a letter from work or whatever and you will be alright I know someone who has appealed 6 times!!! and he is still allowed to drive.

[mid life crisis]

done for dui better you dont appeal and the rest of us will feel safer

[Madaz]

i recon DUI theres no excuse save your money and learn to catch a bus

if u loose a apeal and lengthening your sentance only applies to criminal matters not driving offences

IE you gotton caught shoplifting you sentance is 12months with non parol of 6 months if u appeal and loose you could very well do the whole 12 months

in ur case you would of lost your license for 12months if u appeal it stays @ 12 months

[Coops]

Hey mate, you have to explain more as to how they got you. Where were you driving? What alcohol reading did you register? Was it a random breath test or a setup one?

Have a look over the notice they gave you. Look for any errors they may have done. I have gotten off a hindering charge because they used my dads licence number for indentification purpose (Ie sayin it was proof it was me). But i must say mate, with a dui, you will cop a loss of licence no matter what. There is no good behaviour agreement you can enter. That only applies to traffic infringements.

I've been done for two dui's myself, so been through it all. The first i was lucky and the judge saw my side and gave only a month ban, but that was because of guys tryin to take my rims off, so i moved it closer to the hotel door and got pinged. Was a trifling case, so thats why judge took sympathy. Best advise is to ring a lawyer and see what they have to say. If they reckon nothing you can do, then just cop it sweet mate and use the time to learn and even modify your car. Also only pay for a lawyer if you need it. No point they show up, cop the same sentence you would have on your own, then also have to fork out a grand for em.

Well any more questions just shoot, havent really read back on what i said, so probably is all mumbo jumbo

[Coops]

Ah one more thing, appealing does not increase your sentence at all. Just that the sentence starts once the final ruling is laid down. So say you got done now, but kept appealing till next year, then the sentence will start then, so be careful.

[nisskid]

DUI, ur probs f**ked, but fair enough.

if it was loosing ur license over somthing else, u can go to the courts and appeal it, and u will have ur license extended past the day of disqaulification till ur court case, this all costs about $82 i beleive. u will then be seen infront of a jugde and they will decide whether u get ur license back. usually u will if u have enough reason, if u dont u loose it for the same amount as u would have before. if ur successful in getting it back, u come back with 1 point left and if u f**k up again and loose that point, than from what i beleive the loss is longer than previously, for instance from 6 months to 12 months.

well this is the case for me, im going through it at the moment, but DUI is pretty serious, g/l with getting a judge to reason with it. but i thought with DUI u automatically go to court?

[Nightcrawler]

sorry mate, but if you drink and drive you deserve whatever you get .... and then some

[heslo]

Yeah, DUI, silly thing to do. Not too keen on your chances of getting your license back on appeal. In my opinion, just do the time and learn from your mistake

[Deluxe]

Hey mate, you have to explain more as to how they got you. Where were you driving? What alcohol reading did you register? Was it a random breath test or a setup one?

Have a look over the notice they gave you. Look for any errors they may have done. I have gotten off a hindering charge because they used my dads licence number for indentification purpose (Ie sayin it was proof it was me). But i must say mate, with a dui, you will cop a loss of licence no matter what. There is no good behaviour agreement you can enter. That only applies to traffic infringements.

I've been done for two dui's myself, so been through it all. The first i was lucky and the judge saw my side and gave only a month ban, but that was because of guys tryin to take my rims off, so i moved it closer to the hotel door and got pinged. Was a trifling case, so thats why judge took sympathy. Best advise is to ring a lawyer and see what they have to say. If they reckon nothing you can do, then just cop it sweet mate and use the time to learn and even modify your car. Also only pay for a lawyer if you need it. No point they show up, cop the same sentence you would have on your own, then also have to fork out a grand for em.

Well any more questions just shoot, havent really read back on what i said, so probably is all mumbo jumbo

Interesting mate......... i wouldn't get done again if i were you, a mate of mine VERY stupidly got done 3 times after having a bretho in his car the second time he got locked up at Yatala for 2 weeks. Mind you he came out quit his job and now runs his own shop! Me thinks it was actually good to get locked up because now he wont touch a car, well that is also because he has lost his licence INDEFINATLY! just food for thought mate!

[chops]

Was the offence DUI or PCA?

PCA is when you blow over the limit, this IS NOT the same as DUI.

http://www.lawhandbook.sa.gov.au/index_article.asp?id=3245

Edited August 14, 2006 by chops

[paulmac]

yeah got done for blowing over the limit so PCA and im not usually one to really drink drive i drove 200m up the road to servo from a mates bbq and got done with in the distance i know its stupid and i prob shouldnt have been lazy and just walked it but however i didnt and i dont really wanna lose my license again so i'm just asking for peoples advice on how to go about it, thanks paul

Edited August 15, 2006 by paulmac

[Madaz]

i was a UFO once trust me mate there is no saying to the judge oh im sorry NOW i wont do it again, i need my license for blah blah,,

they just dont care

OH btw do u play AFL football this is your only hope of getting off lighter

[paulmac]

yeah i've basically figured i might aswell just not bother and just work on my car n get my girlfriend to drive me around in the meanwhile and ride most places, just another question though if i lose my car license does it also suspend my forklift ticket and other license's i may have?? thanks paul.

[Madaz]

no they cant take ur forklift ticket only car, bike , truck,

maybee take a forklift home from work and drive that each day