Legal Advice

G_A_V · Post by **G_A_V** » Sat Apr 23, 2005 5:40 pm

Damn, just got pulled over by a highway patrol for a random check.
During that Check I found out my car was unregistered for a couple days, and my license was suspended for a fine written out to the wrong name and wrong registration 15 months ago.
So im up sh*t creak now.
Problem is I have not recieved any information on any of this. I moved houses at the end of last year, and have not recieved a Registration renewal, A License suspension notice, or a notice to pay the fine, which Is F$@ed up if you ask me.
So I did not recieve an on the spot fine but I have to go to court in a couple of weeks. And I cant drive

which worste of all means NO WAKEFIELD !!! GRRRRRRRRRRRRRR
Does anyone know my rights, and weather I should plead guilty to the charges or not. Im thinking of talking to a solicitor cause this is really F#@ed up the ass, and just thought I would ask you guys what you thought.

G_A_V · Post by **G_A_V** » Sat Apr 23, 2005 5:42 pm

with the fine suspending my license for beeing unpaid, I wrote a latter contesting it because It was writting to the wrong person, but they never got back to me. I still have the fines stating that It was for the wrong person and wrong rego

effigy · Post by **effigy** » Sun Apr 24, 2005 1:02 am

Dude, that sucks so hard ay... sorry i cant give any advice, i'd have no idea on that sorta stuff, but i just wanted to say best of luck with it!!

mrx · Post by **mrx** » Sun Apr 24, 2005 8:07 am

Gav, that is a tough call. I don't know for sure, but if the fine has been "served" if you like on the wrong person then you cannot be held responsible for not paying it.

If you have it in writing that it has been made out to the wrong person, and the reason for this happening had nothing to do with you, or your failure to do something (like change of ownership etc) than you have a strong argument.

However, it is going to take time to sort out, which really sux. My advice - see a solicitor.

G_A_V · Post by **G_A_V** » Sun Apr 24, 2005 8:01 pm

I had assumed they had canceled the fines due to the fact that I got my full license a couplem onths ago, which you cannot do if you have fines pending.
I will see a solicitor on tuesday

paladin · Post by **paladin** » Sun Apr 24, 2005 8:48 pm

Gav, if hte fines writen out wrong its invalid becuase its the only evidence of the crime and hterefore voids you of fault if you dotn admit to it

as for the rego, bugger mate... thats a big fine

GPXXX · Post by **GPXXX** » Mon Apr 25, 2005 3:29 pm

your best bet is to skip the b/s and talk to a solicitor right away - no point asking for advice / opinion from a bunch of ppl who are not qualified to provide you with any credible legal advice in the first place...

payaya · Post by **payaya** » Thu Apr 28, 2005 6:17 pm

I do legal side of collections so i see solicitors everyday! I was just tlaking to one just then before i read this post!

i'll ask him tomorrow and get back to you.

G_A_V · Post by **G_A_V** » Thu Apr 28, 2005 6:39 pm

thanks that'd be great, im going to look for one on monday.
Turns out my license was suspended because the fine was paid 6$ short

payaya · Post by **payaya** » Sun May 01, 2005 7:02 am

ah i forgot to ask him! Well i sent an email to my work address so i should have an answer by monday afternoon.

but really if you feel your no quilty and have a valid defence defend it. People please guilty because they know they are in the wrong and want a more leanient scentence.

Also a lot of it depends on the judge as well. My friend got caught driving with a suspended license had to go to court. He got no license suspension when he got his license back as the judge thought that him losing his license for three months was punishment enough. He only got a 600 dollar fine and was allowed to keep his license.

G_A_V · Post by **G_A_V** » Fri May 06, 2005 2:14 pm

I went to court yesterday, Got a fine of 600 + court costs for driving an unregistered and uninsured vehical. The License thing got ajourned till the 29th of jun so i can get legal advice (because I am pleading not guilty to that charge) and the magestrate seemed pretty convinced I would win too

fto617 · Post by **fto617** » Fri May 06, 2005 6:04 pm

hey GAV
did u know if u are a member of NRMA
u can get FREE legal advice for these things

paladin · Post by **paladin** » Fri May 06, 2005 6:52 pm

its pretty obvisu youll win the next one
as for the fine
your VERY lucky
in the ACT that would of been 1k!

FTO338 · Post by **FTO338** » Fri May 06, 2005 7:01 pm

yeah the only problem is when you seriously call them, they will tell you they are not in position to advice you anything.

Its like if you got a gold visa/master/amex card, you get free legal advice, but they are just as useless.

G_A_V · Post by **G_A_V** » Sat May 07, 2005 10:37 am

paladin wrote:its pretty obvisu youll win the next one
as for the fine
your VERY lucky
in the ACT that would of been 1k!

Yeah I explained i was a poor uni student, and also it was only unregistered for a week, so he was pretty leniant, there were a few others before me that got bigger fines for the same thing.

payaya · Post by **payaya** » Sat May 07, 2005 10:08 pm

you gotta understand that one judge can be different to another!

EG friend lost his lisence for losing more than 5 point sin a year. Got caught driving with a suspended lisence. Had to go to court. He only got a fine! The Magistrate said considering you've lost it once you've done your time and im not going to suspend your license again! He only got a fine!

I emailed your first post to a Soli at Mills Oakley and i'm waiting for the response.

mrsdj1234 · Post by **mrsdj1234** » Tue May 17, 2005 2:29 pm

in the ACT that would of been 1k!

Correction... it would have been $450 for drving an unregistered vehicle, $450 for driving without complusory third party, and if fines are not paid within 3 months, licence suspended until all fines are paid...
That was one very expensive lesson...
You were very lucky GAV..

fto617 · Post by **fto617** » Tue May 17, 2005 6:12 pm

anybody know what will happen in NSW if i dont pay my speeding ticket on time???

Post by **Bennoz** » Tue May 17, 2005 6:42 pm

If you don't pay it within the original issued time frame, then just wait patiently by the letter box for the reminder. The reminder will give you another 30 days to pay from the payment date on the original fine.
If your still not gonna pay, wait about another 30-60 days before you
get your SDRO (State Debt Recovery Office) letter. Albeit this will give
you yet another 30 days grace - $50 bucks will have been added to the
fine.... and if you don't pay that one... keep your eyes peeled for a notice
from the SDRO saying they've canned your licence.

Trust me - I been down this road before

Having said that, if you play your cards right, you can dick them around
for a good 3 months before having to pay. I like to think my tax payer
dollars are being used for something worthwhile - clogging the system!

MrFT000 · Post by **MrFT000** » Mon May 23, 2005 3:01 pm

this is slightly off topic, but i was driving into the city (canberra) a week or so ago, and a cop pulls up next to me at the lights, and i had my window down, and i looked over, and he put his window down and said quote:
"Whats it like driving a target?"

WTF!