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Re: Advice

AMS

By AMS,
in New South Wales

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AMS Grand Master

AMS

Posted
Posted

Long story short:

Offence 1: 55km in a 50 zone (had bright blue Silvia, red P's, big red painted target of course)

Offence 2: 98km in an 80 zone. Thought I was still on highway? Double demerits :P (now on Green P's)

After second offence, paid fine etc, elected to go to court. My job heavily relies on driving. Run my Dads business for him and service the Hunter Valley. Therefore I couldn't afford to lose my license (double demerits killed it).

Offence 3: Driving work van (biggg Fiat ducato) - 112km in a 100 zone. Got picked up an overtaking lane?? Passing a truck!! Its the ONLY time I can ever pass anything. Not to mention I was overtaken by 6 cars once I pulled back in.

Predicament.

Lawyer says, go to court, get recommended to TOC (Traffic Offenders Course) and pay the second fine (112km in 100 zone) and marry the 2 cases on the second appearence (which I would have if I went to TOC).

Uncle, (magistrate), go to court for first offence. Hold off paying fine for second offence untill second appearance is over (if possible). Then pay second fine if granted able to retain license by court.

Few questions. Uncle says that if its ruled that I keep my license, all points are re-instated to my license.

True / False

Has anybody been in this situation before?

Truth be told I am not a dangerous driver by any means. I am always very conscious of my speed and drive my work van only (sold Integra for house deposit).

Anybody shed any light?

Regards,

Chris

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Primordial Grand Master

Primordial

Posted
Posted

From what I remember you can possibly get whats called a section 10... I think it means that you are still charged with the offence but dont actually lose your licence.. Im not sure exactly how it works, but generally you're eligible for a section 10 dismissal if there are no aggravating circumstances (eg. offence was excessively negligent, or your action resulted in an accident and so on).

^^ Dont take this as gospel, i have a hazy memory of it from 4-5 years ago now.

This might be of help, I've had a few beers so I couldnt be bothered deciphering it :P

What if my licence has been disqualified by a court?

If your licence is disqualified by a court, no demerit points will be cleared from your record during the period of disqualification. This means that if you reached or exceeded the number of allowable points before the disqualification, you will be required to serve an additional period of refusal at the end of the disqualification. If you have exceeded your demerit points limit, you will be advised by the Motor Registry when you apply for a licence. You will also be given a Notice of Refusal. Unrestricted licence holders may apply to serve a good behaviour period instead of the refusal.

Disqualification by a court does not replace a demerit points action against your licence. This means that if you are convicted by a court of an offence that attracts demerit points, the points will be added to your record, even if you receive a disqualification or the court dismisses the matter under Section 10(1) of the Crimes (Sentencing Procedure) Act 1999.

Taken from:

http://www.policensw.com/info/traffic/demeritfaq.html

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AMS Grand Master

AMS

Posted
  • Author
Posted
From what I remember you can possibly get whats called a section 10... I think it means that you are still charged with the offence but dont actually lose your licence.. Im not sure exactly how it works, but generally you're eligible for a section 10 dismissal if there are no aggravating circumstances (eg. offence was excessively negligent, or your action resulted in an accident and so on).

^^ Dont take this as gospel, i have a hazy memory of it from 4-5 years ago now.

This might be of help, I've had a few beers so I couldnt be bothered deciphering it :)

Taken from:

http://www.policensw.com/info/traffic/demeritfaq.html

Thanks for the help mate.

Basically I have admitted to speeding. Paying the fine does that for you. Question is though, if the court decides that I can keep my license, dot he points get re-instated?

:P Its confusing

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ignuz Mentor

ignuz

Posted
Posted

I've been in and out of court 3 times over the last 2 years.

Won every case.

Now after ringing up the RTA to find out what the hell happens with my points here's what I found out.

You do not get ANY points back for winning in court.

You don't get any points back for serving a POLICE suspension. In my case I served a SIX month police suspension, yet the RTA doesn't give a shit. I would only get my points back had I of completed their following 3 month suspension, which I appealed and won. (Still sitting on zero points anyway)

The RTA don't give a crap until you serve one of THEIR suspensions. So if you win, you will be cruising around on zero points.

So a while ago I got done for doing a u-turn (on my zero points) and elected to just cop the suspension so I can get my points back after 3 months and have the pricks get off my back.

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Yidz Experienced

Yidz

Posted
Posted

Girlfriend was in court a few weeks ago for driving on suspended. She was placed on the Traffic Offenders Program which she started last week. Once this is finished, does anyone know if she will get her points back if the judge deems her to not have any further suspension? (currently still in her 3 month suspension) The course seems alright. About 7 weeks, 2 hours a week then as you know, another sitting in court.

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