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WA Suspended Drivers Licence - Penalty for Multiple Offences?

Discussion in 'Traffic Law Forum' started by Strongarms38, 7 December 2014.

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  1. Strongarms38

    Strongarms38 Well-Known Member

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    Does anyone know what the penalty is in WA for caught driving suspended multiple times under Traffic Law? Includes accidents and impound.
     
  2. Sarah J

    Sarah J Well-Known Member

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    The options are: fine, further suspension, impounding the vehicle, confiscate the vehicle and then imprisonment.

    The court will likely start from the least severe (fine and suspension). If that is infringed (i.e. you drive with a suspended licence again), they may impound your vehicle and increase your suspension period, then (i.e. breach again), they may confiscate your vehicle and finally, if you continue to breach suspension periods, you will be imprisoned. The aim is to deter the driver from driving under a suspended licence. If the driver continues to breach the law and show disregard to the orders, imprisonment will follow.
     
  3. Strongarms38

    Strongarms38 Well-Known Member

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    Yeah she's shown complete disregard for the law. Twice caught suspended. An accident righting off the vehicle was the second. Impounded and I'm told increased suspension but has bought a new car and continues to drive despite two priors and an accident with my 6 year old in the car with her while suspended. Now a new car but still suspended. Police seem not to care as they wont do anything when reported. Even officially reported. It's a disgrace.
     
  4. Sarah J

    Sarah J Well-Known Member

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    It's a shame this has happened. Sometimes it is difficult to get the police to act. If this is related to a family law action, it should be brought up and some kind of injunction sought to keep the driver from driving with your children while on suspended licence.
     
  5. Strongarms38

    Strongarms38 Well-Known Member

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    Trying that. Have raised that with her lawyer and she doesn't even bother to reply.
     
  6. Sarah J

    Sarah J Well-Known Member

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    The injunction should be brought against the driver. So it would not be the driver's lawyer applying for it. It would be a parent of the children who is concerned with the driver's driving habits, applying for an injunction against the driver to stop such actions.

    If you raise it with the driver's lawyer, of course the lawyer is not going to reply as it is not in the client's best interest to have an injunction placed against the client.
     
  7. Strongarms38

    Strongarms38 Well-Known Member

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    I'll pass that on to my lawyer. He's amazed that 3 correspondence with her lawyer have all gone by without so much as professional curtesy.
     
  8. Sarah J

    Sarah J Well-Known Member

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    That is quite amazing. Since the lawyer cannot speak directly with the other side, they must speak through their lawyer. All lawyers have an obligation to respond promptly and pass on correspondences through to their clients. Three attempts without a response is breaching the courtesy rule. At this point, if the lawyer continues to not respond, your lawyer may be able to contact the other side directly, as long as the lawyer warns the other side's lawyer first.
     
  9. Strongarms38

    Strongarms38 Well-Known Member

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    2 correspondence from over a year ago and no reply.
     
  10. Phildo

    Phildo Well-Known Member

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    If you know that the car is being driven regularly by an unlicenced driver then contact the office of the Minister for Police. You might be surprised at how things get done when you pursue a legitimate grievance at state minister level.

    With multiple previous convictions, the car will be impounded, possible confiscated permanently. It would also be worth a phone call to the Department of Child Protection if she is driving a car with children in it.

    I once had a friend who worked for a federal MP. She said how amazing it was that govt staff that were usually very disinterested suddenly became much more interested whenever she mentioned that she was calling on behalf of a federal MP, who was looking into something on behalf on a constituent.

    Example:
    The electricity at my house got cut off one time last year because the idiots at the power company didn't allocate my payments to the correct account. They refused to put the power back on the same day, despite realising the admin error. I made a phone call to the office of the Minister for Energy. They agreed that it was a stupid admin error and the power was back on an hour later.
     

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