VIC Driving While Suspended - What to Do?

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Raja Singh Bedi

Active Member
25 February 2017
8
0
31
Ok this is kinda stupid but firstly, why the hell is driving while suspended considered a criminal offence? Now let's come to my situation where I didn't even know I was suspended from driving because I had no information from Vicroads about that. I got to know this only when cops pulled me over and told me that my licence was suspended. The reason was too many demerit points for speeding and not obeying traffic lights. This was because I was still getting used to driving in Victoria. I had never driven in this country before and didn't care to take any training, rather just tried to learn the rules myself while driving.

OK so the cops told me that I will get a letter and I will be told to face a magistrate and get this matter sorted. It's been more than 2 months that he told me this but I haven't got any letter from court.
My question is that
1. How long does it take for the letter to arrive?
2. If the judge suspends my licence any further, would this time be considered for the same because I've been without permission to drive for so long now and if he gives me more suspension then it wouldn't be fair because I've already been suspended for so long? And if he still gives me more suspension time, can I argue that what about the time it took for the court to send me the [moderated] letter? Isn't that punishment enough?

I lost my job, it's so hard on me because I have to pay my bills, my house rent and stuff. I just don't know what to do now because I paid for so many fines on time and even after paying the fines, they suspended me from driving. If this was gonna happen anyway, then why the [moderated] did they collect money from me for the fines and now left me without my job.

I'm so [moderated] angry. Is there a way I can sue these [moderated] because they are the ones because of whom I lost so much money in fines for not even speeding so much but just 2-3 km/h over the limit. I paid all those fines on time but still they gave me demerit points which ultimately resulted in me losing my licence. Now they're taking so long to send me the letter for hearing. After the hearing the judge might give me more suspension and might even ask for another fine. This is all so [moderated] up. What kind of system is this? Hitting somebody so hard that the person can't even get up again all for what? Some [moderated] speeding fines which couldn't even considered speeding.

Leaving the person without a job and this all resulted in so much tension for me that I failed 2 of my subjects at the uni for which I had to pay so much money and my degree would now take 6 more months to complete. In these 6 months, I would also have to pay for more bills and rent. This is not fair. [moderated] these stupid rules and the [moderated] who make them. These [moderated] can't go unpunished.

Would anybody of you please suggest me what to do now and to contact the [moderated] judge to give me a [moderated] hearing date ASAP. I'm dying here without any money to even eat properly.
 

Tony Danos

Lawyer
LawConnect (LawTap) Verified
29 November 2016
330
56
794
Victoria
lawtap.com
There is a defence to this charge if your lack of knowledge of the suspension was "honest and reasonable". It all depends on the circumstances. Charges are issued by the police and arrive on average 2 to 4 months after offence. Call me if you want to discuss (I have represented many clients charged such as you).
 

Raja Singh Bedi

Active Member
25 February 2017
8
0
31
There is a defence to this charge if your lack of knowledge of the suspension was "honest and reasonable". It all depends on the circumstances. Charges are issued by the police and arrive on average 2 to 4 months after offence. Call me if you want to discuss (I have represented many clients charged such as you).

I didn't know of the suspension because nobody told me of it. No email, no letter, nothing. And even if they posted a letter as they say, to my address, I didn't get it by because I live in a student hostel with 9 people in it who come and go, with new people joining us every now and then. I've seen some people who used to read other people's letters and the throw them away and this is what could've happened.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
I'm neither a solicitor in Victoria nor do I practise in traffic law, so my comments are only of a general nature.

Driving in Australia is a privilege - not a right. It seems a lot of people either forget or do not realise this. When you obtain a licence, you're making a commitment to abide by the traffic laws and, if you don't, then your ability to drive can be taken away from you. When you're driving a vehicle, you're in control of something which has the potential to do a lot of harm and damage. It's something most drivers take lightly - and shouldn't.

A licence suspension should be looked at as something beyond an inconvenience to you, and considered as a temporary removal of a privilege because you have broken the rules. If you're deemed not fit to be driving, and do, then you're using a potential weapon in a manner which could hurt or kill people at a time when you have no legal ability to do so. That, and because it is considered a demonstrated unwillingness to abide by the rules of society,is why it's a criminal offence.

Probably the most telling comment in your post is the line: "I had never driven in this country before and didn't care to take any training, rather just tried to learn the rules myself while driving." That's not the right attitude to have. Driving is not something you figure out while doing it. Check into what is actually required to get a driver's licence, and then consider that the requirements are way less stringent than other countries.

As for what you should do? You'll need to wait on the courts. If there's a delay, there's a reason and trying to pressure the courts (or especially a judge) into giving you a hearing 'ASAP' is not going to put them in a pleasant mood where they want to give you what you want. If Victoria is anything like Queensland, there will be a mechanism where you might be able to obtain a provisional licence on the grounds of hardship (ie needed for work) pending your hearing. I suggest you talk to VicRoads. I also strongly suggest taking the time to learn and accept the road rules before getting behind the wheel. As much as not being able to drive may be an inconvenience to you - it's a hell of a lot more 'inconvenient' for anyone else if you cause an accident due to a failure to abide by the road rules.
 

Tony Danos

Lawyer
LawConnect (LawTap) Verified
29 November 2016
330
56
794
Victoria
lawtap.com
I can see you have a pretty good reason for missing two letters however the courts expect motorists to be aware of their points and even potentially be checking with VicRoads so...
 

Raja Singh Bedi

Active Member
25 February 2017
8
0
31
I can see you have a pretty good reason for missing two letters however the courts expect motorists to be aware of their points and even potentially be checking with VicRoads so...

To be honest, I'm really tired of all this and want this to end asap. I don't care if I have to admit that I received a letter but I just wanna be free again to drive. What are the consequences if I admit? And this is my first fault because I'm a responsible person who's never had any accident and no case of fraud or anything. I always paid all my fines on time.
 

Jermy

Well-Known Member
30 March 2015
74
5
224
Ok this is kinda stupid but firstly, why the hell is driving while suspended considered a criminal offence? Now let's come to my situation where I didn't even know I was suspended from driving because I had no information from Vicroads about that. I got to know this only when cops pulled me over and told me that my licence was suspended. The reason was too many demerit points for speeding and not obeying traffic lights. This was because I was still getting used to driving in Victoria. I had never driven in this country before and didn't care to take any training, rather just tried to learn the rules myself while driving.

OK so the cops told me that I will get a letter and I will be told to face a magistrate and get this matter sorted. It's been more than 2 months that he told me this but I haven't got any letter from court.
My question is that
1. How long does it take for the letter to arrive?
2. If the judge suspends my licence any further, would this time be considered for the same because I've been without permission to drive for so long now and if he gives me more suspension then it wouldn't be fair because I've already been suspended for so long? And if he still gives me more suspension time, can I argue that what about the time it took for the court to send me the [moderated] letter? Isn't that punishment enough?

I lost my job, it's so hard on me because I have to pay my bills, my house rent and stuff. I just don't know what to do now because I paid for so many fines on time and even after paying the fines, they suspended me from driving. If this was gonna happen anyway, then why the [moderated] did they collect money from me for the fines and now left me without my job.

I'm so [moderated] angry. Is there a way I can sue these [moderated] because they are the ones because of whom I lost so much money in fines for not even speeding so much but just 2-3 km/h over the limit. I paid all those fines on time but still they gave me demerit points which ultimately resulted in me losing my licence. Now they're taking so long to send me the letter for hearing. After the hearing the judge might give me more suspension and might even ask for another fine. This is all so [moderated] up. What kind of system is this? Hitting somebody so hard that the person can't even get up again all for what? Some [moderated] speeding fines which couldn't even considered speeding.

Leaving the person without a job and this all resulted in so much tension for me that I failed 2 of my subjects at the uni for which I had to pay so much money and my degree would now take 6 more months to complete. In these 6 months, I would also have to pay for more bills and rent. This is not fair. [moderated] these stupid rules and the [moderated] who make them. These [moderated] can't go unpunished.

Would anybody of you please suggest me what to do now and to contact the [moderated] judge to give me a [moderated] hearing date ASAP. I'm dying here without any money to even eat properly.

I read the above, there are several points to this. Quote : "I had never driven in this country before and didn't care to take any training, rather just tried to learn the rules myself while driving." proves the point I want to say which is: you are dumb. You come to this country and expect everyone to bow down to worship you. How dare you?

You came to this country so it is your responsibility is to know the rules of everything, being dumb is not an excuse as mentioned above driving a vehicle without understanding or knowing the rules is having a weapon in your hands and there is a possibility to kill someone because of your dumbness. [Removed by Moderator - Breach of Community Guidelines] when you receive an infringement notice, it will state the following (not limited to): the time and date of the offense, the location of the offense, the amount for the infringement and the demerit points.

I will not believe that you were not advised of the demerit points as you have stated that you paid the fines which you received that have all the information that I stated. [Removed by Moderator - Breach of Community Guidelines]