VIC Caught Excessively Speeding on Suspended Drivers Licence - What to Expect?

[Cobra1972]

It is a Criminal Charge and as you mentioned it is one of 'Dangerous Driving'. The Onus is on the driver to know the speed limit, so I don't think this will assist.

Your possible defence of I thought I was only doing 33 over, not 53, may not help. Nor does your driving history.

How often do you use this road? Is it local to you?

 

[Tim W]

...I don't think that will lead to a criminal record as you have not done anything criminal.

Actually, you have.
That's why you're going to court.

People often don't grasp that "traffic offences" are actually crime.
Sometimes, relatively minor crime (like when @Adam1user was infringed for
failing to wear a helmet on his man-scooter), and sometimes,
quite serious crime, such as the various "drive manner dangerous" offences.

People who court-elect traffic infringements ("tickets") have them dealt with
in the criminal jurisdiction.

If a person has been charged with an offence (offence is another word for "crime"),
then self evidently, they have been accused of doing "something criminal".

If a person is tried, found guilty, and convicted, then yes, they will have a criminal record.

Considering your personal history, and almost no matter the eventual charge,
I most strongly suggest getting advice from a specialist traffic lawyer, without further delay.

 

[Lucaslly97]

Sorry for the off topic @Tim W : with a criminal record, say if a person is applying for a job or needs to show a police check for whatever reason, would the record show any details of the crime a person committed or even some context of it? Or would the record only know that this person was a criminal?
Then does having 10 of these dangerous driving crimminal records better than 2 armed robbery crimes when it comes to getting a job? It matters to me because I would employ someone with driving records than robbing records given that it’s not a valet job. And people with those records would have a lot of cool things to share about that may even interest an employer like me over a person without any records (it’s just that I don’t see a huge issue getting that kind of crimminal records unless the record doesn’t give you any details or tell you what crime and labelled you as a crimminal for ever)


To the post: I think telling the judge that you think the road is 100 and not 80 the first thing, would imply that you intend to go 33 and not 55 over but still you are doing it with intention which is not good. I would divert some of that attention to the environment there which I guess if you are going that fast there shouldn’t be people or kids around or other cars around which can support the fact that you are still considerate of others but being stupid at the time or for fun etc... thus ask for leniency. Then lastly add in the proof of how the speed was changed recently and it escalated severety of this speeding offence.

 

[Davidsonp44]

Sometimes, relatively minor crime (like when @Adam1user was infringed for
failing to wear a helmet on his man-scooter), and sometimes,
quite serious crime, such as the various "drive manner dangerous" offences.

Mate, why are you so pissed at Adam, I read his post "riding without a helmet" and he put you down badly, you were wrong in it! your advice was bad and I agree with him, and not to mention the infringement was waived, he was not fined! why you don't write this when you mention this. He did not have an infringement, see, you are wrong even in this. why do write false facts? He did not have a fine, it was waived, maybe this is what pissed you off, that he is not a lawyer and managed to waive the infringement, unlike you, which you seem you can not do it!. You write :" and sometimes, quite serious crime", do you refer that he did not wear his helmet?, if so, read again his post. I met him and he explained what happened, you don't seem to accept that you are wrong just sitting behind the computer trying to sound smart and you not. Every time you bring that issue. Every time I'm sure he will reply and show to all who read this that you are wrong. Accept the fact you are wrong, and it will not change. You have to put it in your thick head that you are wrong. Accept it, he mentioned that you banned his account, wow, what a manly thing to do!!!! what a man! you sure know how to show your man-ness. which you lack of.
Even in the other post: QLD - Got caught speeding 47 km/h at 40 km/h zone , you are wrong, why advise the OP to pay the fine and go on with his life? do you get commission on those? why should he not go to court and ask for section 10? your advice is wrong in that. Wrong advice. Just accept it you are wrong. You may know the law acts and legislation but you don't know how to apply them.
Read again adam's post and see how wrong you are:
NSW - Riding a Scooter in Car Park Without a Helmet?
I'm sure people will read it and see how wrong you are, you attacked the guy, why? insulting him, why? what is it to you? do you think you are above everyone else? you are not. After reading the above and other comments by you, you can not let things go.
Go and grow up and get a life!
You are wrong. what ever you write, what ever you do to ban someone (even me), you are wrong, it will not change the fact that you are wrong! You are wrong. Your advice was not sound, or you don't give proper direction or advice. You are wrong. How many times do you need to read it, you are wrong.
I read his comment, he is right, you should be a stand up comic.....I agreed with him after I read your comments.

 

[Tim W]

...you were wrong in it!

Actually, I correctly identified the option that ultimately unfolded for him.
So, he's even wrong about me being wrong.

Have a read of this part of the thread.

In simple words - discharge was an option, as I said,
but by no means a certainty (I used the words "remote possibility").
@Adam1user was lucky, not clever, yet he continues to push
the myth that I was mistaken.

 

[Clancy]

Davidsonp44 - relax man! Tim W is just giving you a tiny sample of what you can expect going up against a lawyer in court. It is an eye opener how easily your arguments can be torn apart, live and learn.

 

[Davidsonp44]

Actually, I correctly identified the option that ultimately unfolded for him.
So, he's even wrong about me being wrong

Mate, I read the all the posts in "Riding without the helmet", you mentioned that it may happen, but all your other comments indicate that the infringement will stand. He stated the facts and the situation, it seems (and I agree with him) that you did not understand what you read! In addition, you insulted him, this is what pissed him off, stating that he is above the law and he is irresponsible, he is not, you did not understand the situation and I agreed with him completely. he advised for you to get someone adult to read the posts again to you and explain them to you. ( I met him couple of times).
He was not lucky, he told me that he would not go to court if he thought that he would not get section 10 but the magistrate waved the infringement, which he got a better result, if he listened to you, he would have paid the fine of $330, got 3 demerit points and lost other benefits from having a good driving record.
You are pissed because you are wrong, don't go stating one little comment from your post that there is a chance while most of your post stated that there is no reason to go to court as the infringement will stand. I read other posts where you kept referring to the issue. You are pissed, and I agree with him,

He told me, you may have influence with the administrators over this site, that is why his account was banned ! what a manly thing to do. You are wrong and you can not handle the truth!

Take his advice and change your signature to a Comic.....

 

[Davidsonp44]

Davidsonp44 - relax man! Tim W is just giving you a tiny sample of what you can expect going up against a lawyer in court. It is an eye opener how easily your arguments can be torn apart, live and learn.

Clancy, He and I are both relaxed. This is not a court, as we are both sure, Tim W would be prevented from performing stand up comic in court!

On a serious note: even in court, the court will not look at one little comment and forget the whole post (other comments), the court will have to look at all aspects of the issue.

 

[Clancy]

Clancy, He and I are both relaxed. This is not a court, as we are both sure, Tim W would be prevented from performing stand up comic in court!

On a serious note: even in court, the court will not look at one little comment and forget the whole post (other comments), the court will have to look at all aspects of the issue.

I meant the tactics of opposing lawyers, not the court.... of course opposing lawyers will emphasize the parts in their favor and forget the rest!

 

[Tim W]

He told me, you may have influence with the administrators over this site...

He's mistaken.
The very idea that I have particular "influence" over anything here
is absurd.