AI Legalese Decoder: A Powerful Ally for Unfair Driving Charges? Understanding Your Rights when Caught Driving with a Suspended License without Official Notification
- October 6, 2023
- Posted by: legaleseblogger
- Category: Related News
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Title: Seeking Advice and Experiences with a Speeding Fine and License Suspension
Introduction:
Hey folks, I would really appreciate any common experiences or advice in dealing with a speeding fine situation. Recently, I received a speeding fine for going 46km in a 40km school zone, which unfortunately puts me at risk of losing all my demerit points. Here, I will outline the steps I have taken so far and seek guidance on how to proceed.
The Current Situation:
I decided to contact service NSW to discuss the possibility of arranging a good behaviour period. To my surprise, I was informed that once I pay the fine (which I have), I would subsequently receive a letter of suspension for my license. Upon receiving this letter, I would then need to contact service NSW again, this time providing them with the suspension number in order to apply for the good behaviour period. However, I have yet to receive either the letter or an email regarding the suspension.
Unexpected Encounter:
During a routine random check, I was pulled over by an officer who informed me that my license had indeed been suspended. I explained the entire situation to the officer, but unfortunately, I was charged and given a court date. This turn of events has left me concerned and uncertain about the potential consequences of pleading not guilty.
Legal Support and Advice:
In light of the situation, I promptly sought legal support. According to the legal advice I received, as the address on my license matches that on my service NSW account and I had not received the suspension letter, it is advisable for me to plead not guilty. However, this decision worries me, as I am aware that the penalties and potential imprisonment time could be more severe if I were to lose a not guilty appeal.
Context and Offenses:
To provide some context, it is important to note that this incident represents the only speeding charge I have received in a school zone. Furthermore, with the exception of one offense, all my previous offenses were for “not exceeding speed limit by more than 10km.” The remaining offense was for “not exceeding speed limit by more than 20km.” In this instance, I was traveling on a 110km road and was photographed traveling at 112km after failing to notice the speed limit had changed to 100km upon exiting.
Request for Assistance:
In this challenging situation, I would greatly appreciate any help, advice, or insights from those who have experienced similar circumstances. Additionally, I am interested in learning how the AI Legalese Decoder can lend a hand in decoding and understanding the complexities of legal terminology. Such assistance could potentially contribute to a better understanding of the implications and potential outcomes associated with pleading not guilty.
Conclusion:
Thank you for taking the time to read about my current predicament. Any guidance, advice, or experiences you can share would be of immense help as I navigate this process. With the aid of the AI Legalese Decoder, I hope to gain a clearer understanding of the legal aspects involved in my situation, enabling me to make informed decisions moving forward.
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****** just grabbed a
You knew you exhausted all your points. It’s your responsibility to know the status of your licence.
The court would have been presented that case so many times saying never receive anything in the mail that they won’t buy it. Even if you definitely didn’t receive it the court won’t believe you.
YouÔÇÖre stuck with the suspension. Too late to do anything about it. The big one for you is the driving while suspended charges.
Not knowing you werenÔÇÖt suspended wonÔÇÖt fly in court.
You have proper legal advice. You donÔÇÖt need Reddit.
Ahh here we go
https://www.localcourtlawyers.com.au/rms-license-suspension/
> If you move house, and havent updated your license address details, **you may not know you have been suspended.** Always update your change of address details with RMS. **If you dont know you have been suspended, and you continue to drive, I didnt know, I moved is NOT a defence.** Its a huge hassle for you, because you could find yourself charged with driving while suspended, and the penalties can be a lot more severe. If you are charged with drive while suspended, this is now a police matter, instead of an RMS matter. Youll be wishing you changed your address
Same as claiming you didnÔÇÖt get the letter unfortunately.
It’s actually fairly common practice by Police (in NSW, I can’t speak for other states) when pulling over someone who is suspended, and they claim not to be aware of said suspension (and no other information is at hand to disprove that) to issue them with a formal notice and leave it at that.
That only works the once, obviously, and after that interaction, it will have been recorded and readily available to any other Police Officer who pulls you over.
As it would seem you had an honest conversation with the officer who pulled you over, they are likely operating on the basis that you knew your licence was going to be suspended, not that you knew it was suspended. That’s not the same thing.
Despite the popular opinion here, I’m with your lawyer. Knowing that you were out of demerit points and likely to seek good behaviour doesn’t change the fact you (at face value) had (at the time of being pulled over by Police) not recieved any formal suspension advice from RMS.
You’re not a mind reader. How are you to know what date your suspension commenced on?
If anything, your contact with RMS shows you were actively seeking to make sure you could keep driving, not attempt to drive suspended.
[deleted]
Imo you should plead guilty and plead your case for extenuating circumstances. The judge will be more likely to show leniency there than if you plead not guilty, then explain why you’re technically still guilty.
Imprisonment is not on the table here unless you cuss out the judge or are a many time repeat offender, judgement will be for a monetary fine and maybe some added/removed licence suspension time.
ItÔÇÖs worth going to court, because this is exactly how you enter the good behaviour period. You have to wait for the suspension letter, telling you the date of which your suspension will commence. With that, you can go to service NSW and elect to be on the good behaviour period, which will commence at the same date your suspension would have started.
Without receiving that letter, this is no way to know the date your suspension will start (outside of going to service NSW once a week, enquiring about the pending suspension).
Driving while suspended is not a nice fine/offence to get. I would have the details of when you called service nsw, phone records to prove that you called, explain your situation to the magistrate and hope they have some level of understanding that thereÔÇÖs no way to know your licence is suspended if you donÔÇÖt receive the letter.
I drove on a suspended licence for 7 months without knowing (failure to submit a medical form) but had moved and didnÔÇÖt receive the letter. I only found out when I renewed my licence.
I am aware not knowing your licence is suspended is not an excuse for driving suspended, but it is worth pleading your case that you were waiting to enter the good behaviour period
>I received a speeding fine for going 46km in a 40km school zone. unfortunately this would be enough to take away the last of my demerit points.
>
>So I called service NSW to arrange a good behaviour period, to which I was told that once I pay the fine (which I have) then I would be sent a letter of suspension for my license.
​
1. You knew your license would be suspended due to losing all of your demerit points.
2. You were advised you would receive a letter of suspension but failed to follow up this letter with Service NSW when you didn’t receive it and continued to drive knowing that your license was suspended.
3. There is no proof that you didn’t receive the letter and you are just making this all up to avoid a hefty fine and criminal record and gaol time.
4. Your lawyer is taking you for a ride (excuse the pun) advising you to plead not guilty.
5. It appears that by using all your demerit points you have a poor driving history. I would look at trying to improve my driving skills and learn to follow speed limit signs by being more observant.
In NSW your allowance is 13 demerit points. The offences you described above (3) only attracted 6 demerit points. How did you accumulate the other 7 demerit points?
[https://www.nsw.gov.au/sites/default/files/2021-11/School_zone_offences.pdf](https://www.nsw.gov.au/sites/default/files/2021-11/School_zone_offences.pdf)
Rule 20 Exceed speed 10 km/h and under (other than a learner or provisional licence) (school zone) 2 demerit points
[https://www.nsw.gov.au/sites/default/files/2021-11/Speeding_offences.pdf](https://www.nsw.gov.au/sites/default/files/2021-11/Speeding_offences.pdf)
Rule 20 Exceed speed 10 km/h and under (other than a learner or provisional licence)* 1 demerit point.
Rule 20 Exceed speed over 10 km/h (other than a learner or provisional licence)* 3 Demerit points
You are not still driving are you? You are using public transport or getting lifts?
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Why dint they send out these suspension notices by registered mail so someone has to sign for it?