Appealing License Supension?

[Goliath]

Hi Guys,

At the end of October, I was leaving the gym to go home (literally 2 streets) and got done by an unmarked police car for midrange speeding (30km/h to 45km/h). I pulled over immediately admitted my fault and was as cooperative with the cops as I could be. They issued to me a fine and demerit point loss.

Earlier this week, I got a notice from the RTA saying my license will be suspended for 3 months, starting mid January. This is standard for midrange speeding.

I will be appealing this as I have never had a traffic offence/lost demerit points or trouble with the police since having my license (7-8 years). I copped the fine and demerit point loss sweet, although I probably could have appealed that as well being a first time offender.

The street I was done on, has a fairly steep gradient and is easy to pass the speed limit if not hovering the brake. I honestly had no idea of the speed I was doing, until I saw the flash of lights.

I planned to book in the AAMI smart drivers course (free to AAMI members) to help look proactive on my part and my car is used to get to work and back as well as ferry equipment between our offices.

Do you guys have any advise or "experience" in this, that could help my appeal?

Cheers,

Gaz.

[ronburgundy]

Good luck with that dude!

In Vic you can very successfully appeal a first time offence (speaking from experience, not hearsay) but I wouldnt think so for exceeding by double figures

[Never had any say Panda]

You might be able to appeal and get a work license.. depends on the actual laws in your state.. However the few people I know who have done this can't afford to be caught even 1km/h over the limit in the period of time they are on a work license as then they'd instantly lose their license for double the time period..

But I doubt they'd swipe it under the rug for a first time offence because it was >30kmh over the limit..

Edited 13/12/12 11:30 PM by Sharp Dressed Panda

[Goliath]

Just found this

* If you pay the penalty notice and then lodge an appeal, the court has the power to reduce the suspension period from 3 or 6 months down to 1 day.

* The court is more likely to allow an appeal (because you have already paid the fine and received the demerit points) than dismissing your case under section 10 Crimes (Sentencing Procedure) Act (imposing no penalty for the offence).

Also this

* When the case is heard on appeal, the Magistrate will examine a range of factors including the driver’s previous traffic history, their need for a licence and any significant health or medical reasons requiring them to drive. In many cases the magistrate will remove the suspension, or at least substantially reduce the period of time the motorist has to spend off the road. The reduction in the penalty can often be enough to save someone’s job or business.

I currently have a disability parking permit as a result of my recent knee reconstruction which is valid till the end of Feb I believe. Not sure if it will help the appeal.

Edited 13/12/12 11:54 PM by Goliath

[rockafellqeinstien]

http://www.lawlink.nsw.gov.au/lawlink/lawaccess/ll_lawassist.nsf/pages/lawassist_appealingsuspension_fine

Appealing the suspension - Step by step guide

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 licence 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.
  

You must file your appeal within:

• 28 days of the date of the Notice of Suspension from Roads and Maritime Services (RMS formerly RTA) or
  
• 28 days of when you get the on the spot suspension from police.
  

If you do not file your appeal within 28 days, even if the court accepts your application, the magistrate will not be able to hear your case.

If you have an unrestricted licence and it is suspended because you get 13 or more demerit points, you cannot appeal to the Local Court against the suspension. You have the option of applying for a good behaviour licence. If you have an unrestricted licence and you chose to go on a good behaviour period, you cannot appeal to the Local Court if you get 2 or more points during this period and your licence is suspended. For more information, see Demerit points - Licence suspensions.

all depends on the magistrate and the case you put forward - but I think you have a good chance

[Goliath]

Thanks a lot for that information rockafellqeinstein!

I should be able to get some good character reference's, one being a well established Police officer (rugby coach I have known for years).

[turbotrana]

If anyone can get favourable treatment, it seems you would. WHen I saw the tittle of this thread I expected to read "well I was doing this donut at my mates place then fishtailed around the corner up to 140kph in a 60 zone and I got done by the cops. its bullsh*t and I am going to appeal it"'

[Goliath]

In all honestly, I've done maybe two burnouts in my life haha. Both in the old EB falcon.

[Mrs Jeturbo]

well in that's case get stuffed u unlawful citizen!!!

just kidding... good luck.. total b.s. that a first time offender not hooning gets arse raped like that

[Goliath]

Yeah, we recorded both burnouts and put them on Youtube, displaying my license plater and license. Surprised ACA hasn't come visiting....

I'm hoping all will go well, I guess time will tell!