Suspension

Licences, Registration, RWC, ADR
Jarrod SO
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Joined: Tue Nov 04, 2014 7:26 pm

Suspension

Postby Jarrod SO » Tue Nov 04, 2014 7:42 pm

Hello,

I lost my mag court self represent and my licence was suspended due to option 1 breach. If I appeal the matter in the county court do vicroads here of this from court or do I have to notify them. My reason for asking is I started suspension last month and have not asked for it to be lifted pending appeal, my thinking is if I lose County court I have already served suspension is this possible?

Cheers,
Jarrod SO

Hardy
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Re: Suspension

Postby Hardy » Tue Nov 04, 2014 8:51 pm

That's getting complicated.
Vicroads won't do anything unless they are informed by a court. Very likely they will not cancel the demerit points suspension pending the appeal. The big question is whether or not they should, and whether or not there are better strategies you should adopt....

Jarrod SO
Posts: 4
Joined: Tue Nov 04, 2014 7:26 pm

Re: Suspension

Postby Jarrod SO » Sat Nov 08, 2014 7:23 pm

Hello Sean,

I filled in my notice of appeal at Magistrates Court in September I have not heatrd anything back yet. How long before you can expect to hear of County Court appeal.

Regards,

Jarrod SO

Hardy
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Re: Suspension

Postby Hardy » Sun Nov 09, 2014 12:15 am

Depends which County Court it is.
Sounds like it is a county court, in which case you usually hear something between 2 months and 12 months after filing - usually about 3 or 4. Ring the court and ask them.

Jarrod SO
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Joined: Tue Nov 04, 2014 7:26 pm

Re: Suspension

Postby Jarrod SO » Sun Nov 09, 2014 6:26 pm

Hello again,

Can you give me a definitive answer as to whether or not Vicroads has correspondence from court about court hearings. I know that Vicroads lifted my suspension when I self represented in Magistrates court Geelong. I did not inform Vicroads that I had a hearing so I want to know how they knew. My reason for asking is I do not want to get a County Court date set after having been suspended since October and then get into Court and lose. As a result of this I would have to start 6 months ban again if my licence ban is lifted over the next few weeks/months. This licence loss is severly affecting my life and self. I am thinking of calling court and Vicroads and telling them that i want to change my plea to Guilty. I understand from research that winning in court against a single police witness is probably impossible. This has nothing to do with Beyond reasonable Doubt it is just my research into the facts. The offence alledged was Disobey red traffic signal (Left arrow). I came in for Conference in August.

Regards

Hardy
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Re: Suspension

Postby Hardy » Mon Nov 10, 2014 10:22 am

My understanding is VicRoads will not receive notification of the County Court Appeal until the appeal concludes.

I know that Vicroads lifted my suspension when I self represented in Magistrates court Geelong.

That does not make sense. VicRoads suspension will not commence until after you lose your case, unless you were convicted and then sought a re-hearing. So a demerit points suspension can not be "lifted" because it would not even have commenced if you elected to challenge the red arrow in court.
If the suspension was "lifted", you should mention to us when the suspension commenced and why it commenced given that the breach offence was still to be determined in a court.

You can abandon your appeal by filing notice of abandonment at court.
You can't serve a demerit points suspension period twice so any period served can not be re-served.

Jarrod SO
Posts: 4
Joined: Tue Nov 04, 2014 7:26 pm

Re: Suspension

Postby Jarrod SO » Mon Nov 10, 2014 2:25 pm

Hello Sean,

This is correct the Judicial registrar did the old proven and dismissed in the Mag court on the 3rd of September. I went to the front desk and filled out notice of appeal after this. I then received Vic Roads suspension letter over the next week due to Mag court loss. I have not heard anything else as yet. I am just wondering if Vic Roads will be aware of the my County Court appeal somehow, I am actually hoping not. I have already served 1 month of this ban.

Regards

Jarrod

Hardy
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Re: Suspension

Postby Hardy » Tue Nov 11, 2014 5:26 am

Does not sound like VicRoads has ever "lifted" your suspension.
One thing you could do is drive until your county court hearing date on the basis that the suspension can not commence until the appeal is finished. But this is complicated and delicate, and you will not find information online that answers the questions you have or tells you which strategy is best.

Jarrod SS
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Joined: Tue Sep 10, 2013 8:47 pm

Re: Suspension

Postby Jarrod SS » Wed Nov 19, 2014 6:08 pm

Hello,

My appeal is listed for the 11th of December I will not be around for this, if appropriate can you advise of how to push date forward to next year I might yet abandon the appeal as I think the gamble of 4 grand or so is not worth it. I would like to contest though how far forward can you push hearing date?

Regards,

Jarrod

Hardy
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Re: Suspension

Postby Hardy » Wed Nov 19, 2014 9:09 pm

Might I suggest you seek legal advice, as that is likely to solve your problems.


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