Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

WA Drivers Licence Suspended - What to Do?

Discussion in 'Traffic Law Forum' started by Peanutbutters, 4 May 2018.

  1. Peanutbutters

    Peanutbutters Active Member

    Joined:
    4 May 2018
    Messages:
    9
    Likes Received:
    0
    Hi there,

    I’m just after a bit of help. I have already contacted legal aid, and haven’t gotten anywhere. I was told they cannot help me with traffic matters, and the duty lawyer won’t be able to help me on the day of court.

    Long story short, I drove on suspended drivers licence due to lost demerit points. Got flagged but I actually wasn’t aware that the lost licence had kicked in yet. I did receive the registered letter, read it but did not fully understand it. During the time, I had lost my home due to a fire caused by an electrical fault and had no fixed address. I then also had a surgery that had me in hospital a few nights. I was also caring for my child who has a disability. (I am a single parent on carers payment from Centrelink due to my child’s disability).

    This was a stressful period having lost many of my possessions along with my home overnight. I completely forgot about the double of nothing and got confused about the dates. Yes I know this is no excuse. I did not read the letter properly. As far as I know, I will be losing my licence for a minimum of another 9 months (on top of the three months already served). I’m worried about getting my son to medical appointments, and I have had to stop working my casual job as I need my licence for it. I have tried to find other employment but no success. I don’t know where to turn.

    Please don’t tell me to go see a private lawyer as this is completely financially impossible for me. I have proof of all the above (fire brigade records, insurance damage assessment, hospital records, disability records).

    Do I have a leg to stand on to get the minimum 9 months reduced or should I just suck it up, say sorry and plead guilty and leave out all the rest?

    Thank you

    Please note I’m in WA
     
  2. Adam1user

    Adam1user Well-Known Member

    Joined:
    5 January 2018
    Messages:
    190
    Likes Received:
    9
    Hi,

    Sorry to hear about your situation. There is nothing legal you can dispute the fine. The only way is to go to court and plead "Guilty with Explanation" and have your statement written or printed (I don't recommend to talk in the court, write it down (or print it better) and ensure it is well written and to include all the issues, just answer the judge's questions.

    All I can say is to write down what you explained above and include that you were stressed and worried. If you have a clean driving record, this will be to your advantage, also, have couple of references and don't forget to have all the supporting papers ready, if you can enroll in driving course or have a certificate to that effect, this should come to your advantage, I also recommend a letter from a councilor or your GP.

    Hopefully the above to assist you get section 10 if you are lucky or minimum penalty. But you never know the judge at that time.

    Good luck.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Peanutbutters

    Peanutbutters Active Member

    Joined:
    4 May 2018
    Messages:
    9
    Likes Received:
    0
    Thank you, what you have contributed is a huge help What does getting ‘section 10’ mean ?
     
  4. Adam1user

    Adam1user Well-Known Member

    Joined:
    5 January 2018
    Messages:
    190
    Likes Received:
    9
    Happy to be of help.

    Section 10 is a section in the criminal act (I think this is what is called, you can google it), in simple summary: it gives the court/magistrate the authority to wave the fine or lessen the penalty based on the circumstances, google and read it.

    Just to clarify, when you go to court take all the supporting documentation you have (as you mentioned above and make a copy to give to the court), keep the original with you,

    Good luck and let us know how you go.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. Adam1user

    Adam1user Well-Known Member

    Joined:
    5 January 2018
    Messages:
    190
    Likes Received:
    9
    I just read your first post again and you mentioned that you lost your licence due to demerit points, which means you do not have a clean driving record, depending on your infringements, it may be hard even to get section 10, but you will never know until you try!
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  6. Peanutbutters

    Peanutbutters Active Member

    Joined:
    4 May 2018
    Messages:
    9
    Likes Received:
    0
    Thank you, will keep you posted.
     
  7. Kerem

    Kerem Member

    Joined:
    25 May 2018
    Messages:
    3
    Likes Received:
    0
    How did it all go?
     
  8. Peanutbutters

    Peanutbutters Active Member

    Joined:
    4 May 2018
    Messages:
    9
    Likes Received:
    0
    I got 9 months suspension and $400 fine, the judge said it was mandatory but encouraged me to apply for E-plates
     
  9. Kasey.12

    Kasey.12 Active Member

    Joined:
    3 June 2018
    Messages:
    8
    Likes Received:
    0
    Hello p
    hello Peanutbutters, my partner is in the same case as you. Do you mind if u can help me out by explaining what to expect on the court day? Hows the process like and what did you do?
    Also, do we need to reply the court letter if we're intending to just attend the court on the day stated on the letter?
    Thanks very much appreciate your help.
     
  10. Peanutbutters

    Peanutbutters Active Member

    Joined:
    4 May 2018
    Messages:
    9
    Likes Received:
    0
    Hi there, no problem. This is my experience, at a small magistrates court south of perth, so not sure what its like at the other courts, but I would imagine the process being quite similar. I arrived at the court house about 20 mins before my scheduled time, a lady dressed like a security guard (I don't know what her official title is) was standing in
    front of the courtroom and directed me to someone inside the court room who ticked my name off the list that I was there. I then proceeded to the waiting area which was pretty packed. I think they were running behind a bit on the day, we waited probably another hour before they started calling people in. They called about 6 or people in at a time (the court room is not very big, but you can go in with your partner if he wants). I ws probably in about the 4th or 5th group of people. So a pretty long wait. You then have a seat and the judge will then start with the case. They call you forward to sit down. There are a few other people in the court doing their courty jobs. Typing things and what not. Being official governmenty people. There is also someone from the dept of transport i think and a police officer. Everyone was there for a traffic offense, so they group these together. The judge will look at your offense, and the details of the case.The judge will ask you if you want to say anything. I prepared some paper work which one of the courty people took from me to hand to the judge. Any yes or no questions you say "Yes your Honor" or "No your Honor". If you want to verbally explain something to the judge you can. But I had all my statements written down. The judge might ask you a question or two before she makes her decision. And that's that. You then sit down on another chair while they prepare your paper work. Which is your court outcome and displays what you need to pay (you have 28 days to pay). Honestly, it's not that scary. But the outcome willl depend on your evidence, the judge, etc. I did not hand the forms in prior to attending, and no one asked me for them on the day, but it might be a good idea to do it anyway.
    How did your partner lose his license, and is it his first offense? Was it just from demerits, or DUI?
     
Loading...

Share This Page

Loading...
gt;