VIC High-range DUI - No Summons After 7 Years?

Discussion in 'Criminal Law Forum' started by Jamesh121, 12 June 2019.

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  1. Jamesh121

    Jamesh121 Member

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    In 2012, I received a 12-month immediate suspension for blowing .199 roadside and I was told that I would receive a summons in the mail by the police.

    After waiting 12 months, I received no summons, so I walked into Vic roads and they reissued my license (the clerk looked pretty confused). I haven’t had any problems since then, and I’ve had an employer run a police check and they didn’t mention anything about it. The advice I got at the time was that the police only have 12 months to issue a summons for summary offences. Is there any possibility I’ve had a conviction recorded against me or am I just very lucky?
     
    #1 Jamesh121, 12 June 2019
    Last edited by a moderator: 12 June 2019
  2. Tony Danos

    Tony Danos Lawyer
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    It is true that they have only 12 months to issue a summons. Either you are extremely lucky (very rare) or they posted summons to you which was overlooked and a warrant was issued by the court hence it is still pending.
     
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  3. Adam1user

    Adam1user Well-Known Member

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    Adding to Tony's comment, that it would be better to check if you have anything against your name, you don't want to risk it, that is what I would do. I am no lawyer but I do not want in the future something coming up at the moment when not needed, say doing other criminal check for a new job, or going to get something renewed etc... As the 12 months have passed, then I think that would come to your advantage and you not be summoned again, better ask a lawyer before you go in.
     
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  4. Jamesh121

    Jamesh121 Member

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    Thanks for your reaponse. If a warrant had been issued, how would I go about finding out? Would it show on my police check? I’ve had some interaction with the police since, reporting as a victim of a crime, would they have not seen I had a warrant then?
     
  5. Tony Danos

    Tony Danos Lawyer
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    Maybe. Check with any police station as all computerised.
     
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  6. sammy01

    sammy01 Well-Known Member

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    And all that time no fines? No rbt pull overs?
     
  7. Tony Danos

    Tony Danos Lawyer
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    Check with the police. It will take 2 minutes.
     
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  8. Jamesh121

    Jamesh121 Member

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    Nope, no fines. I had an rbt earlier this year, but I've been sober for 7 years so obviously blew zero and I don't think they even looked at my license. I lived at the same address for 5 years after the offence so they knew where to find me if anyone was looking. I also worked as a security guard in 2015, so I had a lot of interaction with police and they took my details multiple times as a witness or victim. I would have thought if there was a warrant surely something would have come up then? I also had to have a police check for that job the employer didn't raise any flags.
     
  9. Jamesh121

    Jamesh121 Member

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    I'm actually living overseas at the moment, otherwise I would walk into the station and deal with it. I guess it's not really something they would discuss over the phone?
     
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