Great News For Nsw Motorists!

[Yeedogga]

Hi all,

The NSW state government will be introducing new law that will allow drivers who are given a "section 10" by a NSW court for a traffic offence to avoid incurring demerit points.

The amendment to the Driver Licencing act has been the result of years of continual lobbying from the Law Society NSW and other community groups.

This change puts Road Transport in line with other legislation and remedies what has been a completely unfair system.

In the past, despite the fact that a matter dealt with by way of "section 10" should incur no penalty, the RTA would

still place demerit points on your licence. Obviously, this was grossly unfair

and at odds with the law.

The state government have done the right thing (for once!) and I applaud the decision.

If you have been charged with a speeding offence and cannot afford to lose any demerit points, you should seek legal advice immediately.

I am available 24/7 to give legal advice in matters such as these.

Cheers,

Chris

0410 828 230

[PSI-FED]

Section 10 has been around since i can remember mate. Ive also never heard of anyone ever getting it unless it was for an extremely light offence.

Sorry to burst your bubble

Edited December 2, 2010 by PSI-FED

[.:: GimpS-R34 ::.]

I'll give you a call around 2-2.30 am so we can discuss the matter..

[NISMO]

WTF is a section 10.

sorry forgot to go to law school

[Humbla]

About time this was sorted out.

[Wacky Dee]

Section 10 has been around since i can remember mate. Ive also never heard of anyone ever getting it unless it was for an extremely light offence.

Sorry to burst your bubble

Define light..? The magistrate was about to give me s10 for 55 over the limit on the highway after reading my letter. Only changed her mind after she saw other offences a short time before. It all depends on the magistrate and your sob story AND your driving history.

[oweban]

Ok, for those not in the know:

S10 is part of a law that is basically an exemption; there was that stupid bitch drink driving, but got let off because she got a S10, because public transport doesn't go often near her place, so she "needed" a car still (ignoring the fact that a lot of other places don't have good pub trans either). But because it was drink driving and they assume you've lost your license, no points are associated with it.

Let's say you get done for 15 over, but you get a S10 on it (don't ask me how, I'm doing a hypothetical situation). You'd get your $231 back, but those 3 points would still be gone. Now, you get the 3 points back.

Understood?

[erderr]

WTF is a section 10.

sorry forgot to go to law school

Section 10 is basically a legal tool you can use if you have had no prior trouble with the law. You can plee that this is for first offence or first serious offence and it's out of character. So you can skip gaol time or fines (sometimes) but your told never to appear before the courts again.

Section 10 can be seen as a plee of guilt as well for future references.

Section 10 is like a get out of gaol free card each person gets in there entire life to use. Only issue is, if you go back to court later on for other charges that aren't related you can end up being charged (as well) for the original charge which you had under Section 10 ontop of your current charge.

I wouldn't waste a Section 10 on demerit points...

P.S. I'm no law student so that not might be 100% correct but you get the idea.

Edited December 3, 2010 by erderr

[Yeedogga]

Section 10 has been around since i can remember mate. Ive also never heard of anyone ever getting it unless it was for an extremely light offence.

Sorry to burst your bubble

Thanks for your concern, but you have misunderstood the information.

You are correct in saying that Section 10 of the Crimes (Sentencing Procedure) Act has been around for many years. Up until now, however, it has never applied to the accruing of demerit points by the RTA.

Before the recent amendments, EVEN IF you got a section 10 for a speeding or traffic offence, the RTA would still place demerit points against your licence.

Section 10 is basically a legal tool you can use if you have had no prior trouble with the law. You can plee that this is for first offence or first serious offence and it's out of character. So you can skip gaol time or fines (sometimes) but your told never to appear before the courts again.

You are partly correct- when a court deals with a matter pursuant to section 10, you avoid criminal conviction, fine amounts and any period of disqualification.

Section 10 can be seen as a plee of guilt as well for future references.

Section 10 is like a get out of gaol free card each person gets in there entire life to use. Only issue is, if you go back to court later on for other charges that aren't related you can end up being charged (as well) for the original charge which you had under Section 10 ontop of your current charge.

A matter can be dealt with by way of a section 10 EVEN IF you plead not-guilty and are found guilty at court.

At law, there are some offences that CANNOT be dealt with by way of section 10. That is a matter to obtain legal advice about.

I wouldn't waste a Section 10 on demerit points...

If you have a traffic infringement and will lose your drivers licence as a result of demerit points, getting a section 10 may be your only chance of keeping your job/ paying off your mortgage/ feeding your kids.

Food for thought.

Edited December 3, 2010 by Yeedogga

[.:: GimpS-R34 ::.]

How was it grossly unfair.. Doesnt seem like a great news for motorists.. You broke the law but get off due to being your first time..

[Yeedogga]

It was grossly unfair because the RTA were effectively operating 'above the law'.

I wont go into the appropriateness/ merit of the application of section 10 here.

[erderr]

Yeedogga - My point was about Section 10 is, if you commit an offense down track, not only could you get charged for that offense + loose your license at an inconvenient time later on. So it doesn't really save you in the long run if something happens later on, would only use it in dire need rather then say a small traffic fine.

I'm all for the RTA following the law like everyone else and everyone having a chance to use an important option It's great news, thanks for sharing.

[Yeedogga]

Well thats not entirely true, getting a section 10 for a traffic offence does not necessarily mean you are prevented from recieving one for a criminal offence in future.

Im not suggesting that anyone/ everyone ought to get the benefit of a s10.

There are circumstances where a s 10 is the most appropriate sentence.

The great benefit for motorists in my view (once this law is assented to) is that those with good driving records who make a mistake can be given the benefit of leniency and not accrue demrit points.

[hamiltonau]

i used my section 10 already about five yrs ago for going through a stop sign.

first offence yadda yadda.

is it too late to get the points returned? would love more points to spend..

[oweban]

i used my section 10 already about five yrs ago for going through a stop sign.

first offence yadda yadda.

is it too late to get the points returned? would love more points to spend..

... To give you 15 points? Given that demerit points only last 3 years, I highly doubt you'd get any back. There's also probably a fairly short statute of limitations.

[GTR-N1]

Ok, for those not in the know:

S10 is part of a law that is basically an exemption; there was that stupid bitch drink driving, but got let off because she got a S10, because public transport doesn't go often near her place, so she "needed" a car still (ignoring the fact that a lot of other places don't have good pub trans either). But because it was drink driving and they assume you've lost your license, no points are associated with it.

Let's say you get done for 15 over, but you get a S10 on it (don't ask me how, I'm doing a hypothetical situation). You'd get your $231 back, but those 3 points would still be gone. Now, you get the 3 points back.

Understood?

This is correct.

This by-law is mostly requested by people who haven't infringed for 10 years or more, require their licence for work, need the licence to transport an ill close relative or oneself, or lives too far away from public transport amongst other things.

Under S10 the conviction is quashed and so, there's no fine, but in the past, demerit points were still incurred/lost > so this is about to be changed to "no loss of points"

S10 has absorbed a couple of old by-laws like the #556a and Gibson's

[oweban]

Yay i got quoted by Terry

[GTR-N1]

Yay i got quoted by Terry

This isn't the first time!

Last time, it was sensible too!

[The Bogan]

Do the crime-Do the time.

Im sick of people being caught doing wrong and then finding a loop hole and getting out of it.

Excusses are like arseholes, everyone got one, I dont care if you cannot get to work, or there is no public transport, its time people take responceability for their actions and not run crying like spoilt little children.

Dont like my opinions, then talk to people who have had their familys/children killed by scum who thought they were fine to drive or that speeding through a school zone is no big thing.

[Yeedogga]

That is your opinion and you are entitled to it.

However, our justice system is there for a reason.

If your view was adopted, there would be no need for courts, judges, magistrates or juries. All we would need is alot of police and bigger gaols.

If you know anything about criminal justice and offending behaviour, you will know that locking up offenders does little, if nothing to prevent recidivism. It also does not really offer victims of crime much either.

There is leniency built into our criminal justice system to allow for otherwise good people in the community who make MISTAKES- that's right- some people make MISTAKES.