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NSW How to Get Fines for Driving Unregistered Car Dismissed?

Discussion in 'Traffic Law Forum' started by Colint50, 30 May 2016.

  1. Colint50

    Colint50 Active Member

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    Hi All,

    I am hoping that someone can provide help on the following:

    I am a retired person on a small non-government pension and I borrowed my daughter's car to collect something, and whilst driving this vehicle, I was pulled over by police and informed that it was unregistered. I was shocked that it wasn't registered and the police officer advised me to ask for a review via OSR, given that I had a good 10-year driving record. He apparently waived any demerit points because of the good record but had to issue the driving without car registration and driving an un-insured vehicle - both fines of $637 each.

    My daughter had purchased the vehicle some months ago, and thought that the seller of the vehicle had done the 'transfer' online for her using her credit card, and he also did his disposal transfer in his office.

    It appears the process wasn't completed and so it ran out of rego, and she received no notification from RMS of rego renewal. She had taken normal car insurance out on the same day before driving vehicle home and thought everything was now done....now this happened.

    On the day of the offense, we were able to arrange for rego to be actioned, so clearly there was no intention of not ever paying the rego.

    I have submitted a review with OSR and they have just knocked it back. I enclosed a copy of insurance and all other information to show that it wasn't intentional.

    The option now is to pay fines or take it to court in the hope that a magistrate will be sympathetic. What are my chances of having the fines dismissed under Traffic Law?

    I would appreciate any help.

    Thank you
     
  2. Colint50

    Colint50 Active Member

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    It would be greatly appreciated if someone could help me on the chances of having the fines reduced or waived, and how I may be able to approach the court.

    Many thanks
     
  3. Rod

    Rod Well-Known Member

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    Take it court.
    1. Wait 1/2 day in court till case heard. May need 2 appearances on 2 different days. I'm not sure of NSW processes.
    2. Plead not guilty
    3. Explain circumstances
    4. Explain good prior record
    5. Cross fingers, hope you get a good magistrate on a good day
    6. Ask for a sentence indication (if you can in NSW, ring court to find out), suggesting a s 10 dismissal might be appropriate (no fine)
    7. If Judge says ok, change plea to guilty
    8. Object to any costs order for a 'criminal trial' if prosecution asks for one
    Be prepared to be confused with paperwork and forms. Just take your time and ask the court for help if needed. They won't give legal advice, but will help with process and forms.

    Good luck.
     

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