Opinions on driving whilst suspended

[fil]

Hi i was just wondering what you all think of my situation and if any of you have had the same thing happen to you. Im not looking for legal advice ( as it would be illegal) im just after peoples opinions.
Now thats out of the way:
The story is my license was on suspension due to unpaid fines, I got pulled over an informed of this and then stoped driving. A month later I paid of all my fines called the RTA and State debt to make sure my license was no longer suspended, they told me it wasnt and i could go get a new card which I did. Once I got my license back I was expecting to go on a further 3 month suspension due to loss of points ( Christmas day double points) however this notice never came. I continued driving up untill a month ago when I was pulled over by the same police man who warned me on a previous occasion about driving whilst suspended. He asked me if I had a license I told him my story and he said he would have to check anyway. Came back to the car told me my license was on suspension till 3 Dec 2004 due to loss of points, I chatted to him and said I had know idea however he said he still had to book me as he had warned me earlier and that I should explain it all to the judge and i should be right.
Now I Have to got to court next Wendsday
Any opinions or similar experiances would be greatly appreciated
Cheers

[hcca]

If you drive unlicensed and cause an accident where someone is killed, you're basically about as fucked as you can get. You're not covered by any type of insurance and you could end up in prison. In the same way, if someone runs into you and injures or kills you, you probably won't see a cent from them. Either way, it's not a good outcome.

Recommendation: stick it out until it's all legal.

[fil]

Nar dude wasnt planing on driving, as i have to go to court just wanted to see if anyone else has been in the same situation?

[toysrus]

DO NOT under any circumstances say that whilst you were driving that you suspected that you were still suspended, i.e. don't incriminate yourself in court :P

Just say you called up and was told you were no longer suspended and was told you could get your license back so you assumed you were no oonger suspeneded otherwise why was I given my license back /put it to the judge like that and they'll then have to explain how it was possible......then if they say you recieved a letter, say something along the lines of, why would I drive if I knew I was suspended, I have no history/record of doing so in the past so why would I now ?

Also they have to prove you recieved a letter stating you were still suspended, so if they didn't send it by Registered post then they have no right to penalise/fine you further. If they persist see a lawyer :(

[fr335tyl3r]

then sue them for the suffering you have had due to the additional shock of being fined/sent to court again and modify the staz more :D

^_^

[fil]

Thanks toysrus, the same thing happen to my brother but i wanted to hear it from somone outside of my family.
Cheers :beer

[toysrus]

no probs, make sure you have your story sooo straight and simple they'll look stupid if they try to cross examine you :P

Like if they put the same question in a different manner, say with a puzzled/bemused look 'I answered that already, why are you asking the same question isn't that wasting the Courts time ? :D or a question offside which leads to a question they asked before, go 'if your implying........then you must have forgotten I already answered that question, ask the court to repeat my answer for you if you want' :P

Have some fun with the prosecutor/judge in a clean english dictionary manner and it'll make your day, believe me :beer

[Will]

I haven't been in that situation, but it sounds like you have some legit reasons to argue your case with. Put in as much preparation as you can, getting all your facts straight with dates and written evidence. Be careful and methodical with how you present the info too, like Toysrus has mentioned - its easy to blurt something out which can be used against you. Seek some proffessional advice from a solicitor if you can afford it too, they know the tricks and might find holes in how the RTA or police have dealt with you. If the court finds in your favor, I think they pay your legal fees too.

Don't just rely on the court using 'common sense' to see what has happened. They have to make decisions based on very strict rules and laws and even if its obvious to any human with a brain, they can't make a ruling in your favour unless they get the info they need to do so. Good luck with it, but if you're honest and well prepared you'll at least know that you got a fair go.

[toysrus]

Yes the Court/prosecutor will cover the Court fees if they believe you have no case to answer. Call the Lega/Law Commision (forgot the exact name) but you can speak with them over the phone and give you the basic run down on what you need to do to essentially prove yourself not-guilty to the judge, call them first thing tomorrow morning so that you've got time to organise your case and any documentation to be used as evidence.

And like Will mentioned, have dates, times and quotes/notes written down of all conversations you've had with regards to this matter all in chronological order and prepare yourself as well as possible. I believe you can claim work time lost aswell, ask about that also at the end when you call the legal comission :P

[TD05]

good tip: don't do it

bad tip: do it if you can keep your head low.

I lost my license once and I had the option to go back on the Ps for 12 months or a month without a license and then to a full license, I went for the month but still drove... :D

[toysrus]

Keeping your head low would look suss plus the copper would think your under age if you did too :D

Just don't drive at all, but if you have too.......avoid side streets and always take main roads 99% of the time till you have take a side street to get to your destination but don't take a side street if its a short-cut, you increase your chances of having plates checked by 100%, always random patrols in side streets and when your going slow through the back streets, gives them time to read and input into their little device to check :x

A smarter idea, carry your wallet hidden somewhere in the car, and just assume a friends identity if they pull you over, you'll need their Date of Birth also and Home phone number I think plus make sure its alright with your friend I'm quite positive you can legally refuse them/the police to search your vehicle aswell ie find your wallet and real identity , double check with The Legal Comission and have a laywers card in your astray or glovebox and tell the officer where to go if they say they can :beer

[kiwistar]

Did you receive a notice of suspension. If not then how would you know you were suspended.

I speak to plenty of people with far more demerits than allowed but whom have not been served with the suspension letter, not much i can do.

But that is NZ law, given that we both use a Windsor law based system i would assume the rules are similar.

All you need to do is produce enough reasonable doubt and then the judge will be unable to rule in favour of the prosecutiuon.

Yes the cop was only doing his job based on the information supplied to him but have a go at the licencing authority, who ever that is in Aus.

Dont act like a smartass in court, have a shave and dont wear a hoddie.

Good luck

[kiwistar]

that should read "dont wear a hoodie"

[toysrus]

that should read "dont wear a hoodie"

I think most us Aussies with common sense wouldn't try either :P

Only be a real smartass if they don't show you some level of respect/or believe you and start being rude and judgemental, that way the judge will see things starting to get out of hand and will tell the prosecution to stop and forget about the whole case