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Appealing a licence suspension

Guest Mashrock

By Guest Mashrock,
in General Automotive Discussion

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Guest Mashrock

Guest Mashrock

Posted
Posted

I need to appeal my licence suspension.

its for petty shit like

talking on phone, red light, and driving a manual when ment to be in an auto.

i need my licence for work etc.

how do i go about appealing the suspension?

do u think i will get off easy? as the offences are not too major.

Any help be good..

Andrew.

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https://www.sau.com.au/forums/topic/69710-appealing-a-licence-suspension/
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siksII Grand Master

siksII

Posted
Posted

just get your solicitor to represent you in court and see how it goes, definetly try.. but before that you can write a letter appealing the suspension, although this usually doesnt do much.

if you are on full license you can be placed in a probationary period where they give u 1 point for 6(?) months, if you lose it then you lose your licence for twice as long.

just look at the rta web site for more details..

usuckpoo Community Regular

usuckpoo

Posted
Posted

R you still on your Ps? (sounds like it since u were not supposed to drive a mannual)

Normally its hard esp when u have various different offences under you(implies lack of respect for the law) and the presumption is that since u have not had your licence for long, you've lived without driving before you got ur licence anyway.

That said, good luck hope you get it back.

NXTIME Grand Master

NXTIME

Posted
Posted

You go to the local court and file an appeal there. You will have to fill out a form and pay a small fee. This will take the matter before a Magistrate and he will hear your case.

You will need to present a good case and some solid reasons as to why you should not have your licence suspended, such as undue hardship (essential for your employemnt?).

Definitely wont hurt to at least see a solicitor, but that depends on how much you want your licence.

Good luck.

Menthu_Rae Collaborator

Menthu_Rae

Posted
Posted

Err, if you're on greens, why are you getting done for driving manual? You're allowed to drive any transmission on greens...

Anyway - yeah - appeal it I guess. I'm going to court on tuesday, appealing a speeding offence i committed in august last year - my first, only, and (hopefully) last offence :D

There were a large number of factors regarding mine - so i've prepared character references from several people who are in high positions and who can vouch for my usual driving character, and i'm also preparing a brief document outlining the situation, why it happened, how i feel about it, and why i am appealing my licence...

So yeah, appeal it if you think it's worth fighting and you have some valid reason - but the best thing to do? Dont do stupid shite - think about the consequences... so if you need to do certain things like talk on phone, or drive manual car... get a hands free kit, redo your Ps for manual if you get a manual car, etc :)

Mr_G Mentor

Mr_G

Posted
Posted
Err, if you're on greens, why are you getting done for driving manual? You're allowed to drive any transmission on greens...

Anyway - yeah - appeal it I guess. I'm going to court on tuesday, appealing a speeding offence i committed in august last year - my first, only, and (hopefully) last offence :D

There were a large number of factors regarding mine - so i've prepared character references from several people who are in high positions and who can vouch for my usual driving character, and i'm also preparing a brief document outlining the situation, why it happened, how i feel about it, and why i am appealing my licence...

So yeah, appeal it if you think it's worth fighting and you have some valid reason - but the best thing to do? Dont do stupid shite - think about the consequences... so if you need to do certain things like talk on phone, or drive manual car... get a hands free kit, redo your Ps for manual if you get a manual car, etc :)

Quick question, are you pleaing guilty or not guilty??? Please do let me know how you go with this...

FATGTS-R Experienced

FATGTS-R

Posted
Posted

A letter from your employer stating your position requires you to have a drivers licence and that without one they have no choice to terminate or significantly reduce your hours could help a lot in court.

A guy where I work lost his licence on points on his P plates, mainly for speeding. While disqualified from driving he decided it was a great idea to go to his local reserve and proceed to do donuts/burnouts etc on the grass after it had rained and totally rip it all up. He got bogged and couldnt get out and was caught by police there in a compromising situation.

He got a summons to appear in court for driving whilst disqualified, wilful damage etc, but had regained his licence before the hearing date.

The boss typed a letter basically saying his position would be terminated if his licence was revoked ( in this case true as he is a truck driver ) and that he has shown a more mature attitude since gaining the job etc etc ( that part is all crap lol ).

In court the judge told him his job was the only reason he was not taking his licence away immediately for a very long time.

He kept it on probation and received a fortune in fines as well as paying damages to the local council for the mess he made of the park.

MYSTR33 Proficient

MYSTR33

Posted
Posted

lol this is gayness, all pending on the judge..

HERES ADVICE FROM SOMEONE WHOS BEING THROUGH THIS TWICE..

i had my license dsqualified for 2 years (in bankstown local Court) go figure, the judge pbly seen too much hoons in bankstown.. while i was there a mum was disqulified for driving with out a license, her reason being her kid was having an asthma attack and the judge sed dat was not good enuff reason and dismissed the appeal.. then i appealed it at (campelltown district) and the jusge took a year off... the fine still stood... trust me, from first hand knowledge solicitor is useless... present ur self well and speak well.. get a few mates and ur boss to write a reference letter... thats all u need then it's all based on the judge and luck...

good luck mate,

need any other help PM me...

Gerardrh34 Enthusiast

Gerardrh34

Posted
Posted

Basically a lot of it will come down to how hard arsed the judge is. Thats basically what happened to me a few years back. I was on my P's and had a couple of relatively lame speeding fines and it was my first time that i lost my licence and i got nailed with a suspension that i just had to take.

Kinda sucked a bit as i had other friends that had really bad traffic offences and they were able to appeal succesfully. Not much consistancy with judges i guess.

Just make sure you present yourself well.. speak well etc, and get a letter from your employer stating why you need a licence and hopefully you will be right.

The_Paladin Experienced

The_Paladin

Posted
Posted

um............running a red light is not 'petty shit' people get killed doing that. tough shit if some kid went to cross the road. if you think that's petty i sure hope that you dont get your licence back for a long time. i feel i speak on behalf of a lot of sensible drivers here on SAU.

Messiah Mentor

Messiah

Posted
Posted

Everyones done dumb shit paladin, you included, dont try and deny it. The important thing is whether u learn from it or not.

Look its all pretty simple, if u feel your a good public speaker then feel free to represent yourself, if you think you might get a little frayed under pressure get a lawyer.

Another thing to remember is that they can also increase the penalty, this is rare, but if a judge thinks you deserved more, or if they think your blantanty waisting their time then they'll consider upping it.

Secondly, a lwyer can frequently cost you 3 times the cost of the fine if not more, if u havnt paid your fine yet, then keep this in mind.

My suggestion, if you decide to appeal it, admit guilt (advise a lawyer before u do this) and plead for leniency due to your work and social commitments (if you dont have kids quick knock someone up so u can say they're on the way :)). You wont win a over judge by fighting the infringements on this one, but that said it doesnt look like your trying to.

And yes i have been here before 2500 in fines and 3 years without a license down to 500 in fines and 6 months with no license.

Its a fair cop.

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