NSW License Suspension Notice for Accumulated Speeding Fines - No letter Received?

Discussion in 'Traffic Law Forum' started by Eddy, 1 January 2019.

  1. Eddy

    Eddy Active Member

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    Hi all,

    Indeed a bad start to the year.

    I got pulled over by the cops and was issued with a suspension notice. I have incurred a number of speeding fines. And it has accumulated to a suspension of 4 months. However, I have yet to receive any letter from the police. The reason is I have shifted house. I just came to Australia a year ago and not fully grasped how the demerit point works.

    Now my question is, can I appeal for the good behaviour period instead? My suspension period already started.

    If that is not possible I would like to appeal to the court based on work requirements. Could anyone help on how I can appeal, how long after will I get an appointment in court and any chance of reduced suspension or if they could give me a good behaviour bond?

    Thanks to hear
     
  2. Adam1user

    Adam1user Well-Known Member

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    You can elect to go to court. You can appeal for good behavior period, you can do it yourself and not ask a lawyer, the way to go about it as follows:

    1- Any documents you have: fines, or letter of attendance from the court, etc... you can elect to go to court. If you have not received the letter of attendance of the court, you can call the number on the fine, or select the option to go to court.

    2- Be prepared for going to court:

    a- write your statement: the way to do that is to address it to the magistrate of the court you are attending, admit you made the infringements and that you will try your best that you will not do them again, state that you are new to the country and settling in, state that you need your driver licence for work, study etc...., ask the magistrate for their consideration for this matter and to assist you in anyway they can, and thank them,

    b- dress in formal wear: Pants and Shirt and nice shoes

    c- Be on time and always be polite,

    Hopefully, this will help you out.

    Keep us posted.

    Good luck
     
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  3. Eddy

    Eddy Active Member

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    Thank you for your reply.

    I suppose when I call them to request a appeal in court, they will send me a letter when the court date is, correct? Usually one month later?

    And can I confirm, if I am waiting for the court date to come, I am still able to drive?
     
  4. Adam1user

    Adam1user Well-Known Member

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    Not seeing all your documents and not knowing your situation and based on what you wrote above, you were issued with suspension order, which means you are not able to drive at all. Don't risk it.

    Call RMS and check with them, they should clarify to you.

    I think you need to respond by writing, they court date will be determined once you elect to go to court, then you can call the court to change the date if needed.
     
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  5. Eddy

    Eddy Active Member

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    I just called RMS and they claimed they have posted out the letter on 9th Nov to my new address. But I'm am very sure I have not received it. Also to note that my apartment was a new building then. They said they delivered to Auspost and they would have delivered the letter.

    For this type of letter, it should be sent via registered post and the recipient should sign for receipt.
     
  6. Scruff

    Scruff Well-Known Member

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    These types of letters are always sent by standard post. There is no reason to use registered post.
     
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  7. Eddy

    Eddy Active Member

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    So now the issue is they claimed they have sent the letter but I have not received it. Would it be better if sent by registered mail?
     
  8. Scruff

    Scruff Well-Known Member

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    The letter is only a minor thing and you claiming you did not receive it will not get the suspension lifted.

    You need to focus on what you will argue in court. For that, I recommend that you follow the advice that @Adam1user gave in his first response.

    Forget about the letter - it's not relevant. If you make a big deal about it, the court is likely say "and I suppose you didn't know you had outstanding fines either?" See where this is going?

    If you make a fuss about not receiving the letter, it will work against you. Courts hear those types of claims all the time and they almost never work because they simply can't be proven.
     
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  9. Eddy

    Eddy Active Member

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    It makes sense. I will just point that out in the court hearing.

    My appeal date is on the 14th Jan. I'm really hoping if they could reduce my suspension to one month. My company said they could accommodate up to one month only.
     
  10. Adam1user

    Adam1user Well-Known Member

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    My opinion is to not mention the letter at all, if this was a good reason, the system would have been changed a long time ago, you are not the first one to go through this. Many many have used this before, and as the system has not changed, it means you don't have a shot using this!

    Good luck anyway!
     
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