Suspension Of License, Help!

[S3RK]

Damn it.

First of all, I didn't incur any speeding fines as you would expect.

Second, I am on my red P's, this means I have 4 demerits.

I've received my suspension due to losing all my demerit points.

1. Negligent driving, 3 demerits ( I was not at fault during an accident, I was T-Boned driving through a roundabout) see this thread) I strongly believe I was not at fault, I did have a passenger as a witness, but he can't witness for me at all in court (He just isn't allowed). The man that hit me has a witness claiming I was hooning and I apparently admitted it was my fault. Better yet, at the scene, the driver that hit me had admitted fault, claiming he did not 'see' me...

2. Not displaying P plates correctly, 2 demerits (I was on my way to supercheap to go buy some p plate brackets, I was only missing the front plate, also magnetic ones fly off at 50k's )

These 2 incidents are over 6 months apart. I've been given the option to take the suspension to my local court for a hearing.

What is my best defence in this situation? I rarely do drive any more, due to studying at university in the city, I barely have the time to drive anywhere, but I would like to get on my greens ASAP so I can get on my fulls to drive turbo.

When I do drive, it's usually down to Wollongong (1hour drive or 3-4hour train ride) to go see my grandparents as my grandmother is sick. Or I attend a events (Usually SAU meets/Eastern Creek).

I did contact SDRO about the Negligent driving and it was declined due to the 'witness'.

I just thought I'd ask you guys as you probably have more experience dealing with these situations (Not saying you're all bad drivers and lose your license :] ).

Thanks heaps for understanding. I'm just really disappointed that my license is getting suspended, not for speeding/red lights which are usually the P plater thing, but lesser offences that incur huge points

Please reply in regards to what I should do. Thanks!

[ianjb]

You got T-Boned? How? he hit you as you entered the roundabout (drivers side) or he hit you when he was entering the round about (passenger side) ?

If it driver side it's 100% your fault, you failed to give way.

Passenger side then he failed to give way and technically, it doesn't matter if you where hooning, he failed to give way so its his fault. and I'd seek advice at the least.

Me personally, Just do the time. Don't waste the energy fighting it or even getting angry about it. You wont win. You've got not a leg to stand on. Ironic that its your legs that are what's gonna be haulin your arse around for a few months.

[hamiltonau]

Feel your pain pain bro

The rta/rms can suck a dick

[oweban]

from his other thread

will read it further

edit:

why can't your mate give testimony? courts not letting him?

additionally i have had dealings with the SDRO in the past... they are useless and will tie you up with bureaucracy to make you pay to make it go away. had a massive drama with a parking fine despite putting a receipt on my dash, they told me that datestamped photos of putting the receipt on my dash wasn't sufficient evidence.

[XKLABA]

on what side of gods good green earth is getting hit that far back on the passengers side of your car in a round about your fault, f**king sucks to be a red P plater, I would've fought that one, atleast sent a letter with pics to the SDRO stating your case, ringing never works

your mate under age or criminal record ?

how the f**k does not wearing you P plate pose a risk to anyone, certainly not enough to warrant two freakn points, I not once wore my Ps, but back then it was a $58 dollar fine

[AlexanderWilde]

Id talk to a Barister as that to me looks like an easy case to winn by the fact you got hit in a roundabout on the left side (pasanger side ) this indicates his failuire to properly give way . simple as that its black and white ! no matter if you were hooning or not and even so that needs to be prooven as a separate offence as it itself did not cause the accident. the proof is in the puding ! (your door)

[Ruxis]

a red p plater that drives a skyline appealing his suspension... hmmmm double it.

welcome to NSW man, most stupid laws.

[ianjb]

At least now you can post a for sale thread "Commodore Wheels" at justcommodores.com.au

Jokes....

[S3RK]

Yeah well I did email SDRO and they contacted the police department that issued the fine, I received a letter back basically saying that my request has been denied due to a witness and I may not enter court regarding it because I basically requested to do so and was declined.

The witness was some 20 year old nurse on PMS that I had seen at the set of lights before the incident, and because I "took off" at the lights with my 60" cannon, I must of been hooning, doing a minimum of 380kph through that roundabout.

But in all seriousness, she was at least 500m behind me, when she arrived she was the one yelling at me, I literally had to try and calm her down because of her bitching. "You're a f%&ing idiot p plater, you have no idea how many kids I treat, blah blah".

No one involved in the motor vehicle accident can witness apparently... According to SDRO.

and it was passenger side, to clarify HE ploughed his vehicle into the side of MINE.

Also, regarding not displaying the P plate. I have no fking idea how I'm posing a major risk to the community and drivers of the NSW roads, simply because I don't have a red P on the front. We aren't allowed to display them on the inside of our cars so it just makes it even worse. The fact that I got a $200 fine for it made sure I couldn't purchase a bracket for over 2 months (I'm over-exaggerating here).

It's really disappointing to see our stupid road laws sucking money out of everyone.

I'm not letting this slide. My suspension begins on the 14th of August and ends on 14th of November, delaying me from getting my green P's until December, instead of September. I do need my licence as I do drive to and from the city, and to Wollongong every so often.

Thanks for your responses too guys.

[hamiltonau]

if you can afford a lawyer, use one.

Mark Stenberg is pretty good and his number is in the traffic lawyer thread in this same section, theres no way you cant appeal it and take it to court just because you rang the SDRO re the witness. That sounds like total BS they are trying to fob you off with, definitely fight it if you have the monies and keep us posted, good luck, your going to need it the way the system is set up..

[BakemonoRicer]

if you can afford a lawyer, use one.

Mark Stenberg is pretty good and his number is in the traffic lawyer thread in this same section, theres no way you cant appeal it and take it to court just because you rang the SDRO re the witness. That sounds like total BS they are trying to fob you off with, definitely fight it if you have the monies and keep us posted, good luck, your going to need it the way the system is set up..

Yeah bro, you can take anything to court lol. Theyre just saying that so you dont go because they know you have a case. Get a lawyer.

Feel sorry for you man.

[S3RK]

Ohh so I still can take it to court? I thought so. Because it doesn't sound right that "this is the final decision". I'll follow up with it and let you guys know more info on what's going on tomorrow!

Thanks heaps

[D_I_F]

Ok I'm really confused. Your accident discription is not clear at all.. This is coming from a claims perspective.

If police attend the scene of an accident 95% change someone will get charged for neg driving.

Your witness is not stand alone, you can't use them. You need a independant witness like someone in another vehicle or a pedestrian.

Your 2nd offence is pretty clear, If you have to display P-plates then do it, there's a good reason why they make you do it.. There's no point risking that crap these days when you guys have only 4 points.

You're aguement against this suspension quite possibly won't stand up in court. You obviously don't drive for a living and you've had more than one offence in the last 6 months.

[oweban]

Yep, cop the "not showing P plates" sweet, no point arguing that one.

[vorse]

been here done this unless your cashed up your f**ked you drive a "hoon" car on you Ps your a terrorist you have rights if you can pay for them

[Aussie_Delivered_R32_GTR]

What model Skyline is it?

[hamiltonau]

been here done this unless your cashed up your f**ked you drive a "hoon" car on you Ps your a terrorist you have rights if you can pay for them

Pretty accurate

[S3RK]

Update.

I've decided to appeal the decision to suspend my license. I believe I have reasonable grounds to get my license unsuspended which is as follows:

The inconvenient parts:

I am currently a University student studying at XXXX university in the city and am required to attend 3 days a week. I car pool to university all 3 days, to use public transport would take in excess of 4 hours a day return. This is quite obviously inconvenient...

I am also seeking work as an I.T call-out employee in the area, this requires me to hold a license.

The debatable justice parts:

Last year I was involved in an accident where I was not at fault (evidence provided, images of both vehicles + my diagram of how it occurred). I was charged with negligent driving which incurred 3 demerit points and my appeal was refused by SDRO and I was also told I am unable to take the matter to court as I have already filed to appeal the fine. (Now I will provide hypothetical situations where an innocent driver is involved in an accident, then being charged with negligent driving).

This year I was fined for not displaying the required P plates (The front only). For a simple piece of plastic to fall off my car incurring 2 demerit points is too harsh (then to explain/plead more regarding this).

Now seeing as both fines that I had received were minor, I'm seeking cancellation of the suspension. I have not put anyone's life in danger, such as speeding/negligent driving causing grievous bodily harm/death, if that were the case it would be very understandable to have my license suspended. I believe that the fines I have received are unjust and the previous factors should be taken into consideration. I am not a dangerous driver, in fact I believe I am a very defensive driver, I feel I am being treated as I am a dangerous/reckless driver, or in many cases a "hoon", hence having my license suspended.

I not only just obey the road rules, but I am also constantly seeking for where potential hazards are (explain I am a safe and capable driver).

My court hearing is halfway through next month, only one issue is that I filed my appeal 2 days late (my calculations were wrong -_-) and I was told the RTA solicitor can just claim that I filed my appeal out of the required date and the case ends. But I'm going in knowing I tried, and will further my knowledge in legal cases for (hopefully not) future references.

If I lose the case I am required to pay the full amount of the RTA's legal fees.

Many of you may be thinking, why not just deal with the 3 months? The simple answer is, no. I seriously feel as if I am being treated like a criminal. The system is f**ked and I'm not going to just sit there and take it knowing I'm not in the wrong.

The law is in place for what? To protect. Not to screw people around claiming innocent drivers are unsafe and should be deemed dangerous.

Thoughts? Anything else I should bring up?

[D_I_F]

Give up? Lol.. Seems like a waste of time if you ask me..

[m.j.h]

Just get a good traffic lawyer/solicitor

Even if you don't win at least you have had a go