VIC Notice for Suspension of Drivers Licence Not Received - What Next?

[Raja Singh Bedi]

About 2 weeks ago I got pulled over by the police at around 4am. I was going to my friend's house to drop him after we finished work. They did a breath test and the results were negative. Then they asked for my drivers licence and told me that my drivers licence had been suspended and I can't drive anymore. My friend had to drive the car then. I didn't even know what licence suspension was and this is what I told them. They said that you must have received a mail from VicRoads informing you about your licence suspension, which I never received or maybe I did, I don't know.

The thing is that I'm an international student and I live in a student apartment, so what happens all the time is that people sneak into other people's mails and read them, then throw them away. I've caught some people doing that to other people. I didn't tell this to the cops but I kept telling them that I haven't received any mail regarding this matter, which was true.

Then the guy took some information from me and told me that he would give me a call in a day or two to let me know what happens now. He also told me that he would be checking with VicRoads to see if all this was a mistake. I checked on the internet later and saw that driving while your licence is suspended is a criminal offence and the magistrate could fine me $4200, or he could cancel my licence for some time or he could also give me jail time of 4 months. Since then I haven't slept properly.

My studies are also suffering and I can't even make any money because my car was my only source of income as I used to deliver food on it. It's been two weeks now and neither have I received any call from that cop, nor have I got any mail from Vic Roads or the magistrate's court. What should I do now?

 

[Lance]

Hi Raja,

Don't panic. You convinced me so I'm sure if you told this story to a magistrate they wouldn't send you to jail. What you are seeing are the maximum penalties. It sounds like you don't have any criminal history so if you told this story they are likely to believe it was a simple mistake and you were unaware of the suspension.

I would speak to Vicroads to find out the details of the suspension. But I think this would be viewed as a simple mistake due to not receiving the message.

 

[sammy01]

Yup, go to VicRoads. In order to have your licence suspended, you would have to have received some speeding fines or other infringements. So here is the problem...You would have received several infringements, not just one letter in the mail. So there is a problem - I don't think a magistrate is gonna believe you if you try and say you had no idea about any of the fines.

But - maybe there is some sort of administrative error. Go see Vic Roads. Ask them for your driving history... Lets us know how you go at Vicroads.

 

[Tony Danos]

Assuming your suspension was due to demerit points then on the spot or camera fines would have been incurred. This leads to letters from VicRoads. I wouldn't be worried about gaol but everything will be clearer when the summons arrives. You should then see a lawyer ASAP.

 

[Raja Singh Bedi]

Thank you everyone for replying.

I want to make one thing clear here that I've received many fines in the past and I have paid each one of them but I didn't know that it was all going to lead to this. I didn't even care to read what demerit points and stuff really was but I just paid the fines on time because I was told by a friend that if you don't pay fines on time, the police could file a case against you.

Nobody told me that demerit points is a thing. But as for the letter of licence suspension, I'm 100% sure I didn't receive any letter because if I would have received one, I would never have breached it's conditions.

 

[sammy01]

Ok - so it is likely you are indeed unlicenced if you have received many fines.

The magistrate isn't gonna wanna hear you say you didn't know about demerits or you didn't get the letter. It is not a defence.

 

[Tony Danos]

Once the summons arrives you need to get advice from a specialist lawyer who can answer all your questions.

 

[Raja Singh Bedi]

Once the summons arrives you need to get advice from a specialist lawyer who can answer all your questions.

But when are the summons going to arrive? It's already been almost 3 weeks and I want this to end as soon as possible so that I can get to know when I will be able to drive again.

 

[Tony Danos]

On average summons arrives in 2 to 4 months.

 

[Raja Singh Bedi]

On average summons arrives in 2 to 4 months.

Ok, so after 2-4 months, the judge will decide what to do with me. For example, if he chooses to cancel my licence for a few months, would this time period be counted. I mean, if he cancels my licence for let's say 6 months, would these 2-4 months be counted as a part of that suspension period?

If not, who is responsible for me not making any money due to my job being taken away? Because the cop told me that he would be calling me within 2 days. It's also on his recording. But as the process takes so long, can I get a compensation because due to their lazy system I'm the one who's suffering and sitting idle without a job.