Licence disqualification: when does it kick in?

[J]

The story...
I left Strathfield just after 9:30pm last night, and must arrive at a close friend's surprise party by 10pm at Pennant Hills. I know I can make it if I go a little faster at certain parts of the trip, although it will require me to speed a little less subtly than what is commonly practiced by almost everyone.

As per my usual driving style, whenever I do get to overtake, I do it with minimal speed difference, no more than 10km/h more than the other drivers, leaving big gaps and being wary that they might do something stupid that I can't control. Then as I leave them behind and there is a clear road ahead of me, I can open the tap up a bit more, but never outrageously so. I never overtake on the wrong side of the road. In other words, I was driving, as always, according to the conditions, and with duty of care to other road users.

I thought I was exercising good judgement, and I was going to just make it there just in time (I didn't go any faster than I needed to), when an oncoming police car popped out of nowhere and pulled me over.

This is my first traffic offence. I have had a perfect driving record since I started in 1999. Perhaps because of this, I froze and couldn't say anything when the officer questioned me as to why this speed in a shopping centre, is it an emergency etc. Only when he asked "Does it feel good doing this?", did I stammered sadly that "No, it does not feel good at all." and that's the truth!

The aftermath...
Exceeded > 30km/h but < 45km/h. $590, 4 points (I think) and 3-month disqualification.

The perspective...
* At the time, the cars travelling in my direction were at least 50m behind me. It was a straight road, and there were no other cars ahead of me that I can see, at least for 100m.
* The "shopping centre" are just some shops off a side street on the OTHER (i.e. right hand side) of the road, that I had just passed. It was nearly 10pm, and the only souls on the street are those driving. And there weren't many.

Conclusion...
* Even good judgement is wrong judgement, as long as an inflexible speed limit applies.
* It is just not worth it, even for someone (in this case) or something really special.

Food for thought...
* On my return trip, I stayed within the speed limit. This means 60km/h on the same stretch of road. It was close to midnight by now, so there was nothing on the road. It was so quiet and boring, that I feel like falling asleep! No doubt if I did, I would've ended up on a power pole and become a statistic. And then the police would blame "speed" as the contributing factor. Indeed...you only need 0.00001km/h to hit something :)

The questions...please help!
Does my licence get suspended immediately? Or can I still drive until I get a letter from the RTA? What happens IF (I doubt it, but I need to ask in case it happens) the police stops me again during this period, before I get the RTA letter? Also, there's this thing about overpaying a fine...what is that about? Feel free to PM me instead if you don't want to Post.

Sorry for the long post. I just need to let it out of my system. Thank you for your patience and your help in advance.

Jeff

[oneightoo]

ok it works like this..

mr officer does his paperwork at his end and issues the details thru to the RTA.. the RTA then sends you a letter stating your ban begins on X day of X month and ends on Y day of Y month..

you "shouldnt" have an overlap period of not having rec'd the letter and the suspension..

if you drive while suspended it is up to mr policeman to determine if you are lying about not having rec'd the suspension letter.. you will either get a warning and they will note this on your licence file, or you will be charged with driving while suspended.. not a risk id take..

as for overpaying fines.. doenst work, so dont bother trying.. just because the case isnt "closed" if you dont bank the cheque for the $3 doesnt mean the transaction isnt finalised and you arent suspended or havent lost points..

i lost my licence for 3 months for doing 35 over, wasnt fun mate.. but my best mate from my younger days is a cop, and ive asked all the questions.. basically you got two options..

1. cop it on the chin that you were speeding and do your suspension, or

2. fight it in court, as you said, you have a clean record for the last 8 years, it might be worthwhile to fight it in court. you might be able to convince a judge that your 30 over speeding wasnt dangerous and was a brain explosion moment when all you had was your mates suprise party and being on time in mind..

good luck J

[rjastra]

hmmm.. first offence!?!?! See if you can use your "get out of jail free" card.

Write a letter to the infringement office or whatever stating you have a clean record and the situation at the time and how sorry you are. YOu may get the fine and/or disqualification dropped or reduced. You have nothing to loose.

[Misguidedangel]

Unless they took your license off you at the time off the incident im under the impression that you are able to drive until you pay the fine and/or they determine when you lose your license.. i know if you don't pay the fine they will still suspend your license at some point, but it usually starts when you pay the fine...

thats my understanding.. it may have changed since i dealt with mates/ex-boyfriends losing their licenses

[oneightoo]

you only lose your licence on the spot if doing 45+..

when you pay the fine has nothing to do with when the suspension starts.. you have 21 days to pay the fine.. the police/rta have 6 months to issue a fine/suspension letter.. if you dont recieve it in the 6 months from the incident date the suspension/fine becomes null and void..

fines and suspension are not done by the same people.. cops do your fine, rta does your suspension.. rta issues suspensions based on information given by the police.. it's been like that for years..

[Shaun]

Ouch... Try and write a letter and see if they will let you off if its the 1st Offence.

[Metro1288]

Yeah try to write a letter, you might get off. If not you will get a letter telling you from what date the suspension starts and ends.. good luck! really try to get off as it could affect your insurance premiums.

[rjastra]

Yeah try to write a letter, you might get off. If not you will get a letter telling you from what date the suspension starts and ends.. good luck! really try to get off as it could affect your insurance premiums.

A very good point!! You had better check as I think your insurance becomes null and void from the start of the suspension.

[oneightoo]

indeed it does..

your are NOT covered by any insurance while suspended..

[J]

A very good point!! You had better check as I think your insurance becomes null and void from the start of the suspension.

Right. Does this mean my policy gets cancelled automatically, and I have to start all over again after I get my licence back?

Far out. I can sure do without all these hassles right now!

[oneightoo]

no, your insurance is put "on hold" while your suspended..

if you drive and something happens, your insurance company wont help you one bit.. once the suspension is finished, cover returns to normal..

[J]

no, your insurance is put "on hold" while your suspended..

if you drive and something happens, your insurance company wont help you one bit.. once the suspension is finished, cover returns to normal..

Man I am so inexperienced with all these! Yeah thank you oneightoo it makes a lot more sense now.

Thank you too rjastra, Metro1288, Shaun, and Misguidedangel. At least I now know the full extent of the situation...I definitely don't want to go back into this ever again!

In the meantime, I'd better start writing the letter. Will check the penalty notice when I get back home, and ask you all for more words of wisdom.

[rjastra]

Man I am so inexperienced with all these! Yeah thank you oneightoo it makes a lot more sense now.

Thank you too rjastra, Metro1288, Shaun, and Misguidedangel. At least I now know the full extent of the situation...I definitely don't want to go back into this ever again!

In the meantime, I'd better start writing the letter. Will check the penalty notice when I get back home, and ask you all for more words of wisdom.

I would suggest that maybe you should talk with someone with some legal expertise. Don't trust what we say as gospel.

[oneightoo]

also check your notice, check for anything that is incorrect or contradicts itself..

minor mistakes wont make a difference.. but other things can also he your cause..

if there are any errors on the infringement notice, note them all in your letter..

[J]

also check your notice, check for anything that is incorrect or contradicts itself..

minor mistakes wont make a difference.. but other things can also he your cause..

if there are any errors on the infringement notice, note them all in your letter..

I can provide more details later when I see it again. But it looks like your normal parking infringement notice...so there isn't much room for the cop to write down specific details.

One obvious error that I can remember, is my address: the officer wrote down my old one, and not the new one on the RTA-issued label stuck at the back of my licence, as per RTA instructions. Not sure why he didn't turn it over to have a look...you can definitely feel the label when you hold the licence. Don't think that will matter much, though...but it is possible I can point out that error in my letter, as a demonstration of my integrity?

I will see what else I can make out of the notice. Thank you all...I am still flustered, not being a habitual reckless speeder and all, and having lost that perfect record over just one simple wrong decision...but having every one of your support does make it that much easier.

And...just to let you know: I wasn't in an Opel when it happened. So no...I did not tarnish our good name...

[jsantos]

I beleive the paying of the fine is the admission of guilt, therefore if you pay the fine you also need to tick some box and sign something saying your are "pleading" guilty to the offense then you also have a period that you can change your mind to not guilty and once that period is up your suspention begins.
Make sure that everything is above board don't just cop it sweet because you think you have to. If the ticket is written wrong is the fine voidable etc. Also if you aren't on camera\radar commiting the offense and you don't beleive you are guilty then plead not guilty and let the onus of proof be on the accuser as it should be, don't just follow the status quo and allow yourself to be bullied into an admission of guilt because it is expected of you when you are pulled over.
Fight the power! etc.etc Seriously though 3 months suspension is serious don't just accept it if you feel hard done by.

[oneightoo]

I beleive the paying of the fine is the admission of guilt, therefore if you pay the fine you also need to tick some box and sign something saying your are "pleading" guilty to the offense then you also have a period that you can change your mind to not guilty and once that period is up your suspention begins.
Make sure that everything is above board don't just cop it sweet because you think you have to. If the ticket is written wrong is the fine voidable etc. Also if you aren't on camera\radar commiting the offense and you don't beleive you are guilty then plead not guilty and let the onus of proof be on the accuser as it should be, don't just follow the status quo and allow yourself to be bullied into an admission of guilt because it is expected of you when you are pulled over.
Fight the power! etc.etc Seriously though 3 months suspension is serious don't just accept it if you feel hard done by.

if you believe you are not guilty of the offence you simply dont pay it, and instead, turn the notice over and complete the section on the back that requests your case be heard in court..

its not going to be hard for the police to prove you were speeding.. 30km's over is 30km's over.. if you believe you are not guilty it is up to you to prove you are not, not the other way around.. afterall you are the one choposing to fight it.. you might like to question if the speed camera was calibrated prior to the reading being taken of your vehicle.. police handbook for radar guns states that they can be inaccuarte if not regularly calibrated..

J, you'd wanna make sure you send that letter asap.. if it's not paid by the 21 days, they dont hesitate in taking further action..

just dont pay it until you have heard a response, and that might mean you have to follow up directly with the infringement peoples.. make a few fone calls, speak to someone real..

[J]

Thank you jsantos and oneightoo.

Just a quick update: I have sent the letter. I have sent it to the guy at the back of the notice, as those are the only postal details available. This means the Director of the State Debt Recovery Office, apparently.

I have 21 days from the date of offence (15/5) to pay the fine. If I don't hear back from them on the 20th day (4/6), I will just give them a call and pay it then and there.

We'll see what happens.

Thank you for all your support. I really appreciate it :)

Regards,
Jeff

[Metro1288]

Not sure if this applies to you but i received a parking fine that i didn't think i should of received. I remember reading somewhere that if i was to contest it not to pay for the fine until i received a response. That's exactly what i did and a few months later they sent me a letter saying that i didn't have to pay for it. Maybe give the infringement guys a call and see what they say. They often take longer than 21 days to review your appeal.

[gman]

you only lose your licence on the spot if doing 45+..

If Deputy Dog catch you speeding by more than 45km/h, you "MAY" have your licence immediately suspended and confiscated at the roadside for 6 months.

Other Licence suspension periods are for exceeding the speed limit by more than 30 km/h -3 months, $590 & 4 points. For over 45 km/h its 6 months, $1589 & 6 points.

[Metro1288]

Gman is correct, i have first hand experience of the over 30klm :(

[oneightoo]

If Deputy Dog catch you speeding by more than 45km/h, you "MAY" have your licence immediately suspended and confiscated at the roadside for 6 months.

Other Licence suspension periods are for exceeding the speed limit by more than 30 km/h -3 months, $590 & 4 points. For over 45 km/h its 6 months, $1589 & 6 points.

find me a policeman who wont take your licence if he has the chance..

[gman]

:)

If you're a fair distance from home, middle of nowhere or you feel that it would be unsafe for you or your car to be left where you were stopped then they "theoretically" can't take it there and then..

Also, it is meant to be used in situations where the offender is doing 60KPH over or more....