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Should I Challenge A 3Month License Suspension

AlexanderWilde

By AlexanderWilde,
in New South Wales

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AlexanderWilde Collaborator

AlexanderWilde

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Planing to appeal the suspension
for those that are in similar position or want to know about what to do just got the sake of knowing here is the link for the process: http://www.lawassist.lawaccess.nsw.gov.au/lawassist/lawassist_fines/lawassist_licence_fine/lawassist_appealingsuspension_fine.html#2

Stephen38s Apprentice

Stephen38s

Posted
Posted

Have just seen this.

I had the exact same issue a couple of years ago. Same place, exact same speed.

I paid the fine as advised by solicitor and then went to court to appeal the suspension. I was successful although I had a perfect driving record up to that point.

Advice is to get help from a solicitor familiar with traffic issues.

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4teecal Collaborator

4teecal

Posted
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  On 02/06/2013 at 11:52 PM, AlexanderWilde said:

I have paid the $800 fine and copped the 5 demerit points. But on top of that since it was 30km over I will have my license suspended for 3 months.

Should I challenge this in court or just cop it? By that I mean challenge the suspension not the fine.

Some extra history : I cannot request section 10 as I have 2 previous speeding tickets one 3 years ago the other 2 years ago both very small tickets I think one was 5km and one was 7 km over

As stated elsewhere. S10 is not applicable. You have already paid the fine. Appeals are a different animal and are generally not given for speeds. Only P platers have a right of appeal in relation to demerit points. Everyone else has a tough fight on their hands.

  On 03/06/2013 at 9:07 AM, the spruce moose said:

You are quite right that police aren't supposed to use radar on a downhill slope, but you would be surprised how often they do it anyway.

Not true. That used to be the case several years ago. Not any more. Even when it was a guideline there were clear instructions that it could be done in a variety of circumstances.

D_I_F Grand Master

D_I_F

Posted
Posted
  On 03/06/2013 at 3:42 AM, Daleo said:

If you have paid the fine (effectively admitting fault), you may have eliminated any avenue of appeal regarding your license suspension.

That pretty much sums it up. Once you pay it and take the infringement it's almost impossible to contest.

AlexanderWilde Collaborator

AlexanderWilde

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there are 2 things that can be appealed / contested 1 the infringement itself and 2 the license suspension i accepted the infringement as at fault but plan to appeal the suspension.

You can appeal to the Local Court against a suspension if you are suspended in one of these ways:

  • you are a learner or provisional license holder and you get too many demerit points.
  • for speeding in excess of 30 km/hr over the speed limit
  • for speeding in excess of 45 km/hr over the speed limit
  • on the spot by a police officer.

    so fingers crossed the judge will see that the punishment does not fit the crime as i was not just speeding in a residential road at high range speeds but rather didn't slow down fast enough coming of from the freeway where that speed is normal . more so when the off ramp is long, has no residential or pedestrian access and i need the license for work

    Lucky day is the 13th in a week from now so i guess il see what happens
    il have character references as well as a letter from employer stating the need for my license for work
AlexanderWilde Collaborator

AlexanderWilde

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i accepted the mistake and payd the fine and took the demerit points

even tho i think its unfair i have accepted my mistake and the repercussions
im only asking for leniency on the suspension as i need the license for work and considering i wassant doing 100 on a 60km residential road but rather coming off the motorway where the speed is 100 im hoping the judge will understand i wassant honing or acting like a retard but just made the mistake of not slowing down prior to the speed change

500hp Community Regular

500hp

Posted
Posted (edited)

You can apply for a work licence, and u will be fine. But if u get caught why your on that 1 point workers licence for anything that u could lose demerits on your in worse off trouble! Mate ride the good old pushy nothing wrong looking like a dickhead why every body drives past staring.u could get fit mate

Edited by 500hp
Daleo Grand Master

Daleo

Posted
Posted
  On 13/06/2013 at 2:07 PM, 500hp said:

You can apply for a work licence, and u will be fine. But if u get caught why your on that 1 point workers licence for anything that u could lose demerits on your in worse off trouble! Mate ride the good old pushy nothing wrong looking like a dickhead why every body drives past staring.u could get fit mate

Not everyone can ride a pushy to work matey, my daily round trip is 150km; some of us do even more.

If I lost my license; I would effectively lose my job.

I cannot get to work on time using public transport; even on the earliest train, I'd still be 40 mins late.

Daleo Grand Master

Daleo

Posted
Posted
  On 14/06/2013 at 1:32 AM, 500hp said:

Shit mate that's stuffed sorry to hear

I'm not losing my license; just illustrating the potential consequences.

I am VERY careful how I drive these days. ;)

500hp Community Regular

500hp

Posted
Posted

No point driving like a wanker all the time, if we are such enthusiasts wouldn't that mean we don't wanna flog our cars? in case they break loving a car is not thrashing a car it is waxing the paint and polishing the rims:)

ianjb Grand Master

ianjb

Posted
Posted
  On 13/06/2013 at 2:07 PM, 500hp said:

You can apply for a work licence, and u will be fine. But if u get caught why your on that 1 point workers licence for anything that u could lose demerits on your in worse off trouble! Mate ride the good old pushy nothing wrong looking like a dickhead why every body drives past staring.u could get fit mate

Not sure where you live but in Sydney a pushy will get you to work faster than a car, 90% of the time. Car's don't drive past cyclists staring, they get passed while staring.

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