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SA Lost Licence for Speeding - Appeal?

Discussion in 'Traffic Law Forum' started by Courtney Lavia, 1 September 2014.

  1. Courtney Lavia

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    Hi, I am 18 and on my p2's I have recent got a traffic fine for exceeding the speed limit to 131 in a 110 zone, I have lost 5 demerit points and have lost my licence for 6 months, is it worth appealing it? I need my car as I live 5 hours away from University and I have a part-time job that requires me to have a licence?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Courtney,

    The penalty seems about right: see SA Government's MAC Speeding Sheet.

    In brief, the penalty for speeding between 20-30 km/h over the limit is 5 demerit point deductions. For a non-full licence holder, disqualification of licence occurs after 4 demerit points have been lost.
     
  3. Courtney Lavia

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    Is it worth appealing my licence though?
     
  4. Rod

    Rod Well-Known Member

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    Was it a camera or police operated radar?

    Road safety is a serious issue however I believe there are many cases of hardship (loss of license/lost jobs) when safety is not a factor in the offense.

    In my view the road laws are too harsh.
     
  5. Courtney Lavia

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    It was police operated radar
     
  6. Rod

    Rod Well-Known Member

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    You can elect to take the matter to court, review all the evidence and see if there is a technicality that can get you off.

    You'd need legal help, or lots of googling, to see what technicalities can be found.
     
  7. Sarah J

    Sarah J Well-Known Member

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    Hi Courtney,

    Generally in South Australia, a driving offence that attracts 4 or more demerit point losses or a speeding offence that attracts 3 or more demerit point losses is considered a "serious driving offence". Therefore, take that into account in your decision.

    If you would like to appeal, here is some information from the Legal Services Commission in South Australia. Briefly, you can appeal on the grounds of "severe and undue hardship" if you can prove that there is complete reliance on your licence to get to work and you cannot get to work through other means. You should get a letter from your employer explaining the consequences of losing your licence for your position, public transport routes and timetables, loss of income and budgeting to show that you cannot afford this loss of income.
     

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