QLD Police Pulled Over for Suspended Drivers Licence - Court Appearance?

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nick1987

Member
12 April 2015
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Hey guys, I was recently pulled over for a "random drivers licence check" and I had an outstanding toll fine I was informed my licence had been suspended a few months back and I would need to go to court. The police officer said I could take it up with SPER? I had never heard of SPER is this a QLD thing? Anyway I rang and set up a payment plan straight away and they lifted the suspension.

I still have to go to court - what do I need to know? Pleaded guilty because I was in the wrong. Do I need a lawyer? Or will the courts provide one?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Wait till you get the papers before paying for legal advice. Until you have been charged and you know what charges you face there is nothing anyone can do.

Let us know when the paperwork arrives. Suspect you might have some infringements/warrants to deal with as well.

Also find out why the tolling company couldn't contact you. It may help your defence if they made a mistake.
 

Tracy B

Well-Known Member
24 December 2014
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Australia
Hi Nick1987,

If you did drive while under a suspended license, and it sounds like you did, and the police has charged you with driving while on a suspended license, then it may be best to plead guilty. The court will take your plea into account. Pleading guilty shows the court that you admit to the unlawful conduct, you are remorseful and take responsibility for it. You also save court (and police) time. You can still mitigate your circumstances after pleading guilty (e.g. if you had a particular urgent reason for driving under a suspended license).

Having said that, your plea is completely your own choice. You have absolute discretion. You should plea according to what you believe is right. Therefore, do you admit to driving while on a suspended license? If so, there's really very little you can say or do to make it not unlawful.
 

Rod

Lawyer
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27 May 2014
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Issue is whether or the suspension was 'lawful'. In all likelihood it will be, but good to check the facts first.

If you moved address then it is your responsibility to update your driver's licence and Rego address. If it is your fault, I agree with Tracy, plead guilty, show remorse and possibly mitigating circumstances (death in family, mental health issues, illness, etc)
 
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