I Am Perplexed

[Iconic Bionic]

  tmac450 said:

I'm seeing a lawyer on Friday (at $350/hour) to see if I can go to court to seek a reduction in the suspension, or a probationary/drive to work licence. As has been said, ingorance is no excuse. I did the wrong thing and accept I got caught.

I just find it a bit rough that they have snuck these suspension laws in that no one knows about. Next time you're butt sitting a silver T doing bang on the limit everywhere, have a little pitty,

I missed this the first time I read through the thread.

In recent years a $350 an hour lawyer will very happily tell you how he can get you off, when that $350 an hour turns into alot more per hour before a court. They have now become no different to any other buisness that survives off profits. Even minor traffic matters will turn into several thousand dollars in order to defend. With appeals to higher courts your looking at your annual salary.

The suspension imposed is set and cannot be overturned or reduced by the courts. Its like the minium sentence for murder, be whatever that is but it cannot be reduced below the set minimum, often referred to as sentencing guidelines. Licence disqualifications can be reduced as well as increased as can fines, bonds community setrvice, but they are distinctly different to a suspension.

These licence suspension periods have been around for several years but to a degree there is a failure of the RTA to tell all drivers.

I.B.

[Trough Lolly]

sounds like their making up rules over smoko chat banter as to the way of demerit points and suspensions get handed out nowdays.

I lost my license on a NSW license for 12 months for 42km over the limit, fair enough. done my time got my licence back....

A few months after getting it back I changed my license from NSW to VIC, I had 1 point left on NSW license, well when changed over to VIC, I had -3 demerits and they wanted to SUSPEND it again for another 3 months due to the prior infringment I had 12 months before-hand!!!

WTF!!!

I went nuts at the woman... said "excuse FK'N me ive DONE my time, wtf am I being penalised twice for!?"

After a rather interesting chat the woman agree'd with me and didnt understand what was going on... I said im not leaving this desk until this bullsh*t is sorted, so she rang VIC-Roads head office and after a quite lenghty chat, VIC Roads agree'd to let me have a total of "1" demerit Point so I kept my license because they themselves didnt understand the situation!!!

Work that out

Its a dogs dinner, and the sooner the government make "Australian wide" Road rules, and not this state by state garbage, the Better.

[Buf-Phoon]

  Trough Lolly said:

Its a dogs dinner, and the sooner the government make "Australian wide" Road rules, and not this state by state garbage, the Better.

Not just road rules , all laws IMO

[Trough Lolly]

Edited 17/12/08 09:25 AM by Buf-Phoon
serial over quoting - use the reply button farken

[jsmith]

over the last week or so I have noticed a larger police presence on the roads as well. Mainly they are set up as RBT's which I have not a single problem in the world about. The more DUI's they throw in jail and the more defected cars they take off the road the better!!!

Have also noticed a few highway patrols on the M4 between granville and blacktown which I honestly think would be better spent on the great western highway or other major roads but you can't have everything.

[tmac450]

  Iconic Bionic said:

I missed this the first time I read through the thread.

In recent years a $350 an hour lawyer will very happily tell you how he can get you off, when that $350 an hour turns into alot more per hour before a court. They have now become no different to any other buisness that survives off profits. Even minor traffic matters will turn into several thousand dollars in order to defend. With appeals to higher courts your looking at your annual salary.

The suspension imposed is set and cannot be overturned or reduced by the courts. Its like the minium sentence for murder, be whatever that is but it cannot be reduced below the set minimum, often referred to as sentencing guidelines. Licence disqualifications can be reduced as well as increased as can fines, bonds community setrvice, but they are distinctly different to a suspension.

These licence suspension periods have been around for several years but to a degree there is a failure of the RTA to tell all drivers.

I.B.

After further consutation with those more experienced than me (Police prossecutor and a senior Highway patrol officer) I have decided to go without the lawyer (which would cost me at least a couple of grand).

It's true that the suspension is a set penalty, however, that only applies to the actual offence. If I hadn't paid the fine, then gone to court, the court only has it in their power to rule on weather I am guilty or not, for which there are minimum sentances. However, if I pay the fine, and am not contesting the charge, it is in the court's power to reduce the suspension. It it this option I will be taking.

Considering that anyone other than highway patrol officers and the RTA don't appear to know anything about these reletavly new suspension periods, I'd say the RTA most definatly had failed in their responsibility to properly convey these rule changes. But hey, that's nothing new in itself.

[Kimberley Scott]

Best of luck mate, I am sure we are all interested in how you go.

Scotty

[tmac450]

Thanks,

I'll let you know, but I'd it'll be a while before it gets to court

[Iconic Bionic]

  Trough Lolly said:

Its a dogs dinner, and the sooner the government make "Australian wide" Road rules, and not this state by state garbage, the Better.

Already done, called Australian Road Rules 2008. How the respectiove States choose to enforce and apply this legislation is up to them.

I.B.

[iTec]

so australia will have a uniform set of rules that are optional for each state.. how is that any different to what we have now?