suspended license question...

[steve88]

- On my P2 Greens
- 4 points remaining (had 7, got busted on the phone a month ago)
- instant suspended 6 months for going 45km/h over at 1am on princess hwy

How many points do i have once i get my license back in 6 months? would a pre-existing fine (ie. on phone) mean i get suspended for another 3 months once i get it back?

(dont worry i did the crime i'll pay the time, just clarifying how much time i really have off... i havent had chance to call RTA I have been working litrelly all day and i only get home at 10pm :( )

[RR-04-RR]

you'll have full points i'm sure
here was my story awhile ago

dec06 - lost 3 points
apr07 - lost my licence for 6 months
oct07 - licence back, called rta, told me i had full 7 point back

[steve88]

so they didn't care about the 3 point loss? i have had mixed stories, the cop that pulled me over told me i'd loose it again but i figured it was a scare tactic they have bullshitted to me before (

[RR-04-RR]

yeah most stories cops tell are just trying to scare you off

i dont know if you remember but considering you only have 4 points left, and you went 45km over and thats instant 6 months loss of licence... how much points did you lose from your speeding offence? would've been over 4 points therefore means longer loss of licence..

sorry to give you some bad news if you didnt or did know

[steve88]

haha shit, well i did wanna know hence starting the thread.. but you said same thing happened to you? where you p2

[MWAKU]

so.. you will loose it for 6 months police suspension, then since loosing 4 points, u will have lose all ur points, and get an RTA suspension. so you'll loose it for 9 months. after the RTA suspension you will come back with 7. (i lost 8 points, and came back with 7, as opposed to 6, as some would say)

[RR-04-RR]

what MWAKU has said.. thats what happened to me, i was on my Greens when this happened, police suspension and rta suspension, most likely you'll lose your licence for 9 months, but gain all points back after the suspension

Goodluck with everything
I took the easy way out and went to NZ and got my licence there and stayed there for a year lol

[steve88]

That's fine, it was my fault speeding I just wanted to be sure. Is it possible to get the rta suspension sooner? I'll be overseas for like 2 months starting June and my police suspension expires in May and I don't really need my license then I'd rather get it back sooner when I return overseas

Wait I lost 3 points not 4

[RR-04-RR]

if you lost only 3 points then you;ve only got the instant suspension, and you'll have 1 point spare. so should be sweet after the instant suspension

[steve88]

sorry dude i confused you
time line of my offenses
- 1 month ago lost 3 points on phone
- last week lost 6 points speeding instant 6 month suspension

[Mr_will]

never ever ever take legal advice from cops. don't listen to a word they say about points/suspension etc.

[najdi]

it depends how many points they take for speeding...lets say ur on ur reds...u loose 4 (all) points for speeding automatic 3 months u get it back for a month then you loose it for another 3 months for not having points...so u cop a dick in the mouth and ass :(

[babiiiiiiiiiii]

it is always depend how lucky you are but , i was on my green and lost 4points for speeding , then got caught turn right when the sign that say you can turn and run through a red light in the same time , there is 5 points+ the four i lost before then 9 points all up , but i went through court saying i need car for work this and that , then judge goes he feel so sorry for me and he understand that Ps license is really harsh sometime , so he gave me all point back and let me drive and said just becareful next time.. this is my little secert story:P

[Bulbasaur]

do not email rta if you do decide to go to them in the end... i got suspended on L's and lost all my P points, this is what they told me when i asked them what is going to happen "The NSW Roads and Traffic Authority is unable to access and discuss your licence via email." and suggests that "Alternatively, please personally attend a motor registry with your full proof of identification." which kinda fuking defeats the purpose of having an online service in the first place... took them like 5 days for to form these two sentences aswell

[GSi_PSi]

i was in the same situation,
lost 3 points on greens previously, copped instant 6 months (POLICE SUSPENSION), then got it back 6 months later,
2 months after getting it back recieved a letter saying ive lost 9 points in total so i will have to do 3 months suspension,
then got my licecne back with full 7 points,

[bennjamin]

never ever ever take legal advice from ozhonda members. don't listen to a word they say about points/suspension etc.



FIXED for the truth !

OP - why don't you contact the RTA on this matter ? They are
The governing body that makes these rules and will give a infinitely better response than any police officer ( enforces the rules) or ozhonda member ( vaguely abides by the rules) !!!

[steve88]

Yeah but if I take it to court and I loose I get a criminal record don't I? I cant afford that, I just finishing off my masters in finance no bank will hire me

I don't mind another 3 month suspension but I wanna serve it all together 9 months cause I'll be overseas in last 2 months of the next 9 months

[babiiiiiiiiiii]

you wont get a criminal recrod , is not like you killed someone or drink driver... is just speeding mate. take to court , write a letter , show to judge you care about it . so u might get it off

[Mr_will]

Yeah but if I take it to court and I loose I get a criminal record don't I? I cant afford that, I just finishing off my masters in finance no bank will hire me

I don't mind another 3 month suspension but I wanna serve it all together 9 months cause I'll be overseas in last 2 months of the next 9 months


No you will not have a criminal record, as you didn't commit a criminal offense. all the court can do is acquit, or convict and vary the penalty if it sees fit.

[MWAKU]

sorry dude i confused you
time line of my offenses
- 1 month ago lost 3 points on phone
- last week lost 6 points speeding instant 6 month suspension

you could do the toip program and try to appeal one of ur suspensions, pref, the police one. some guy in my toip class got his police suspension taken off, and he only had to do the RTA suspension..

i got done for drink driving, i got off, section 10 good behaviour bond. keeping in mind i have alrdy lost my license for loss of points, and i am green P plate. try your luck? and i represented myself too.

[Mr_will]

you could do the toip program and try to appeal one of ur suspensions, pref, the police one. some guy in my toip class got his police suspension taken off, and he only had to do the RTA suspension..

i got done for drink driving, i got off, section 10 good behaviour bond. keeping in mind i have alrdy lost my license for loss of points, and i am green P plate. try your luck? and i represented myself too.


don't misinterpret what a section 10 is.

you didn't 'get off'. a s10 means that the offence has been proven, but the magistrate does not proceed to a conviction. but because of the bond, if you are not of good behaviour during the relevant period you can be resentenced for that drink driving offence.

[steve88]

ive been driving 4+ years never had any demerit point loss in my life, not even a parking fine *sigh* it never rains it pours hey

edit: if i remember correctly, everything illegal is a criminal offense, but its another thing to get a criminal conviction.. ?? the person who dropped on me i'll have a criminal record if i loose was a friend who just finished law, maybe she's wrong. I'm gonna speak to legal aid on tuesday and if I have a case i'll fight them.

[Mr_will]

ive been driving 4+ years never had any demerit point loss in my life, not even a parking fine *sigh* it never rains it pours hey

edit: if i remember correctly, everything illegal is a criminal offense, but its another thing to get a criminal conviction.. ?? the person who dropped on me i'll have a criminal record if i loose was a friend who just finished law, maybe she's wrong. I'm gonna speak to legal aid on tuesday and if I have a case i'll fight them.

That is not correct.

It is against the law to park in a taxi zone. It is not a criminal offense to park in a taxi zone. It is a traffic offence.

edit: also, if you get a ticket for parking in a taxi zone, elect to have the matter heard before a court, and are convicted, it still is not a criminal offence.

[Mr_will]

ive been driving 4+ years never had any demerit point loss in my life, not even a parking fine *sigh* it never rains it pours hey

edit: if i remember correctly, everything illegal is a criminal offense, but its another thing to get a criminal conviction.. ?? the person who dropped on me i'll have a criminal record if i loose was a friend who just finished law, maybe she's wrong. I'm gonna speak to legal aid on tuesday and if I have a case i'll fight them.

Legal aid will not take your case as you are not facing a term of imprisonment.

[steve88]

you sure about that dude? i have an appointment with them tomorrow they said ok to see me?

[MWAKU]

how else do you want me explain it other then i got off? mate its not like i went int othe court room with no clue and have no clue what i got sentence with

what else do you call, getting off the drink driving with no fine or dq? yeah i know if i offend i will get it double

[steve88]

sorry mwaku was talking to mr will who was saying legal aid won't represent me because its not a crim offence

[MWAKU]

lol me too

[steve88]

you guys are both right :P

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 10

(1) Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders:

(a) an order directing that the relevant charge be dismissed,

(b) an order discharging the person on condition that the person enter into a good behaviour bond for a term not exceeding 2 years,

(c) an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.

technically it can be (a) let off completely or (b) with a covenant so you're both right :P

[Mr_will]

sorry mwaku was talking to mr will who was saying legal aid won't represent me because its not a crim offence

No, I said legal aid won't take your case because you aren't facing a term of imprisonment. There is a difference

[Mr_will]

Your interpretation of s10 just isn't correct - you are still found GUILTY, it's just that the magistrate doesn't proceed to a CONVICTION. Those two are different things.

All that some noobs see is "oh I didn't get a penalty, therefore I got off". It's not black and white like that. Getting a s10 is not getting off.


you guys are both right :P

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 10

(1) Without proceeding to conviction, a court that finds a person guilty of an offence may make any one of the following orders:

(a) an order directing that the relevant charge be dismissed,

(b) an order discharging the person on condition that the person enter into a good behaviour bond for a term not exceeding 2 years,

(c) an order discharging the person on condition that the person enter into an agreement to participate in an intervention program and to comply with any intervention plan arising out of the program.

technically it can be (a) let off completely or (b) with a covenant so you're both right :P