Loss of license in VIC due to speeding any hope on license not getting suspended? - BMW 1 Series Coupe Forum / 1 Series Convertible Forum (1M / tii / 135i / 128i / Coupe / Cabrio / Hatchback) (BMW E82 E88 128i 130i 135i)

Moocow · 01-01-2013, 05:37 PM

Hi all,

I feel very irresponsible and embarrassed, I was egged on by a passenger and accelerated quickly from about 80km/h to 140km/h in a 100 zone - out on a country road.

An unmarked police car, from the opposite direction caught my speeding and caught up with me and pulled me over and gave me a ticket for 139km/h, $528 fine, 6 demerit points loss and loss of license for 6 months

.

Anyone had any experience in trying to convince a court to continue to let you drive? Or is it a lost cause? I was hoping on possibly convincing the court to give me a 2 year probationary period where if I loose a single point during that time, then my license will be suspended for 6 or 12 months + possibly doing some community service?

I think that this is my first speeding fine in 6 years. About 8-10 years ago I lost all my points and elected to drive like Miss Daisy and didn't loose an points for 12 months. Since I've had children, my driving habits have changed dramatically, + I have gotten rid of the motor bike.

My main concern is not for me, it is for my wife (who is a nurse/midwife doing night shifts etc) and 2 young children - if I lost my license there is no way I could get our young children to either school (grade 1) or special care in the morning (we have a child with a learning disability), which would mean my wife would have to take them after doing a 10 hour night shift + 1 hour drive home.

Please don't bother posting things like "if you do the crime, you do the time etc", as that is not helpful.

Thanks

Scootah · 01-01-2013, 05:47 PM

Hey Moocow

That sucks , and is a good reminder to me to lighten a heavy foot. Cops everwhere in Melbourne at moment

I cant answer your question definatively , however a mate lost all his points and was able to take 1 point for 12 months rather that the 3 month suspension , difference with him is he lost his points over a period of time , not in one hit like you have

Good Luck

Ian///M · 01-01-2013, 05:48 PM

You'll have to get a good barrister/lawyer to represent you. If you have a good record you could probably get a probation. The fact that you lost it before doesn't bode well though.

Best to get professional advise:
http://www.trafficlaw.com.au/

In 2009 I was booked at >40km/h on a motorcycle. I was VERY nice to the cop and he let me off for 3 points.

Knightelf · 01-01-2013, 05:58 PM

Ouch...

The penalties for speeding over 25km, 35km & 45km are prescribed as mandatory suspensions by legislation and the magistrate does not have discretion to change this to a probationary period.

http://www.austlii.edu.au/au/legis/v...6125/s89d.html

However I would at least speak to a traffic lawyer as Ian suggested... good luck!

Edit: Found this

Can I stop my licence from being suspended?
Your licence can be saved if the magistrate believes you were driving less than 25 km/h over the speed limit, at a speed less than 130 km/h. Otherwise the magistrate has no choice and must suspend your licence.
If your licence is suspended, the minimum suspension period depends on how much over the speed limit you were driving:
25 to less than 35 km/h over the speed limit – one month
35 to less than 45 km/h over the speed limit – six months
45 km/h or more over the speed limit – 12 months
any speed of 130 km/h or more that is not covered above – one month.
Note: this suspension period is in addition to any suspension period due to demerit points.

http://www.legalaid.vic.gov.au/speeding.htm

timbo_3101 · 01-01-2013, 05:58 PM

Sorry to hear about this. Sounds like the 6m suspension was separate to the demerit points accumulated ...

I recently picked up 3+2 demerit points in one incident, with accompanying fines. Feeling aggrieved at the circumstances, and it was against my usual sedentary driving in public (even conservative on circuit), I pondered whether to seek redress.

Have heard that it is possible to contest this but as with many legal proceedings, there is no winner (emotional cost and time generally outweighs any financial impact). However, given your personal circumstances, this 6m suspension is considerable and may be in your interests to pursue rectification.

sharkatron · 01-01-2013, 06:09 PM

Really sorry to hear - hope you get it sorted out soon. Cops in Melbourne are everywhere.

As others have said, get a good lawyer.

Ian///M · 01-01-2013, 06:13 PM

...given your personal situation with kids etc, I'd say you have a good case to get a 1 point 12 month probation.... definitely get legal help though & this is $$$.

Good luck!

Moocow · 01-01-2013, 07:33 PM

thanks for all the replies.

I really appreciate everyone's help and advice.

I'll get onto tracking down some legal advice. Tried calling a few, but are away until next Monday.

cheers

Nkryptd1 · 01-01-2013, 09:21 PM

I don't know about in Aus but in the US I almost lost my license under a similar situation.

I requested to take a Aggressive driving course in place of losing the license. One weekend down and $100USD later I still had my license with no restrictuions. The $100USD was for the class, I still had to pay the fine as well.

If you have similar classes in Aus, I'd recommend giving it a try but make no promises.

DR-JEKL · 01-01-2013, 09:23 PM

I had a mate I ride with got caught doing 112km/h in a 70 zone, he went to caught and got to retain his license on a good behaviour bond (unsure if this is the correct legal terminology)

Definitely seek legal advice I'm sure you would have a good chance as your prior history was >8 years ago. He had to pay a fine that was around the $1K mark which in the circumstances was a small price to pay!

Good luck with it all

woosh · 01-01-2013, 09:25 PM

You can definitely seek for a Work License in Court. One guy on e46fanatics was charged with a similar offence and over time had a Work License issued to him... which allowed him to drive a family car ONLY to/from work and picking up/dropping off his kids.

Oh, and family car he bought for the probation period was an e60 M5 lol. PM if you want his username... he's a Barrister.

Moocow · 01-01-2013, 10:20 PM

Quote:

Originally Posted by woosh

You can definitely seek for a Work License in Court. One guy on e46fanatics was charged with a similar offence and over time had a Work License issued to him... which allowed him to drive a family car ONLY to/from work and picking up/dropping off his kids.

Oh, and family car he bought for the probation period was an e60 M5 lol. PM if you want his username... he's a Barrister.

which state was this in?

cheers

MrBlonde · 01-01-2013, 10:21 PM

Quote:

Originally Posted by Ian///M

You'll have to get a good barrister/lawyer to represent you. If you have a good record you could probably get a probation. The fact that you lost it before doesn't bode well though.

Best to get professional advise:
http://www.trafficlaw.com.au/

Bingo

Rukuss · 01-01-2013, 10:24 PM

Quote:

Originally Posted by Moocow

thanks for all the replies.

I really appreciate everyone's help and advice.

I'll get onto tracking down some legal advice. Tried calling a few, but are away until next Monday.

cheers

At least you don't live in LA they would of pulled you out the car and put one on you

Knightelf · 01-01-2013, 10:33 PM

Quote:

Originally Posted by woosh

You can definitely seek for a Work License in Court.

Unfortunately, unlike pretty much every other State there's no such thing in Vic. No work licence nor special circumstance licence. As far as I'm aware there's NO getting around mandatory suspensions in Vic, seems pretty Nazi to me but probably a good thing cracking down on traffic accidents.

woosh · 01-01-2013, 10:41 PM

Quote:

Originally Posted by Moocow

which state was this in?

cheers

QLD.

Quote:

Originally Posted by Knightelf

Unfortunately, unlike pretty much every other State there's no such thing in Vic. As far as I'm aware there's NO getting around mandatory suspensions in Vic, seems pretty Nazi to me but probably a good thing cracking down on traffic accidents.

Ah bugger... didn't know Vic had it so hard.

Ian///M · 01-01-2013, 10:42 PM

Quote:

Originally Posted by Knightelf

probably a good thing cracking down on traffic accidents.

The vast majority of accidents are not speed related. It is just a revenue raiser.... yet another way the Australian Govt can tax us.

Gumball · 01-01-2013, 10:45 PM

Such a bad joke- dunno how highway patrol sleep at night...

Get a cheap car and drive slowly and carefully for 6 months. No way the penalty equals the offense.

Knightelf · 01-01-2013, 10:59 PM

Quote:

Originally Posted by Ian///M

The vast majority of accidents are not speed related. It is just a revenue raiser.... yet another way the Australian Govt can tax us.

Reminded me of the million dollar speeding fine:
http://www.topgear.com/au/car-news/Merc-SLS-fast

Zuzu · 01-01-2013, 11:07 PM

Careful with legal advice..

Organized a barrister for my sons loss of licence, which seemed like a simple open and shut case.. A few court appearances and half a dozen adjournments later, I was close to $5K out of pocket, and he still lost his licence for 12 months

jaffa12 · 01-02-2013, 06:40 AM

Sorry to hear this Moocow. Suggest you write a letter to explain your family needs and plead leniency. Do it asap before they formalise it. Going legal should not be your first course of action.

UR25IO · 01-02-2013, 05:30 PM

Tell the judge that you had a leg cramp and needed to be stretch in an agressive manner LOL. (jokes)

Im sorry to her that mate.

Ive been in a smilar situation, when I was on my green Ps I was doing 138km in a 110km zone but 100km was my limite, copped 5 points, on the spot suspension for 3 months and $900+ fine but therofficer allowed me to drive home from Canberra back to sydney.

On my final few days while been suspened, got caught drive and then I was issued a court attendance. Cost me $1500 to get a solicitor etc and got off with a section 10 and 18months good behaver bond.

- first thing to to get good legal advice ( they charge you a arm and a leg)
- I had to plead guilty
- get some referee from friends and your employer (ppl who knows you for the longest would be good)
- be remoresful of what you done

and you might just get away with a Restricted Driver Licences during work period.

01-01-2013, 05:37 PM	#1
Moocow Private First Class Drives: 135i Join Date: Mar 2012 Location: Melbourne Posts: 161 iTrader: (0) Garage List 2009 135i [4.50]	Loss of license in VIC due to speeding any hope on license not getting suspended? Hi all, I feel very irresponsible and embarrassed, I was egged on by a passenger and accelerated quickly from about 80km/h to 140km/h in a 100 zone - out on a country road. An unmarked police car, from the opposite direction caught my speeding and caught up with me and pulled me over and gave me a ticket for 139km/h, $528 fine, 6 demerit points loss and loss of license for 6 months . Anyone had any experience in trying to convince a court to continue to let you drive? Or is it a lost cause? I was hoping on possibly convincing the court to give me a 2 year probationary period where if I loose a single point during that time, then my license will be suspended for 6 or 12 months + possibly doing some community service? I think that this is my first speeding fine in 6 years. About 8-10 years ago I lost all my points and elected to drive like Miss Daisy and didn't loose an points for 12 months. Since I've had children, my driving habits have changed dramatically, + I have gotten rid of the motor bike. My main concern is not for me, it is for my wife (who is a nurse/midwife doing night shifts etc) and 2 young children - if I lost my license there is no way I could get our young children to either school (grade 1) or special care in the morning (we have a child with a learning disability), which would mean my wife would have to take them after doing a 10 hour night shift + 1 hour drive home. Please don't bother posting things like "if you do the crime, you do the time etc", as that is not helpful. Thanks __________________ 2009 135i M Sport \| Cobb AP \| BMS DCI \| VRSF 3" Catless Downpipes \| M3 Front Sway Bar \| Eibach Pro Springs \| Sunroof \| Kerscher CF Splitter \| BMW Performance CF Spoiler \| BMW Performance Gear Knob \| Black Gloss Kidneys \| Black Gloss Rear Diffuser \| Blackline LCI Tail lights \| 18" VMR V710 matte black \| Aluminium M-Sport Pedals \| Angel Eyes \| CF Interior wrap
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01-01-2013, 05:48 PM	#3
Ian///M Brigadier General Drives: 1M E82 Join Date: Mar 2011 Location: Oz Posts: 4,608 iTrader: (0)	You'll have to get a good barrister/lawyer to represent you. If you have a good record you could probably get a probation. The fact that you lost it before doesn't bode well though. Best to get professional advise: http://www.trafficlaw.com.au/ In 2009 I was booked at >40km/h on a motorcycle. I was VERY nice to the cop and he let me off for 3 points. __________________ BMW 1M VO - Cobb + PTF e-Tune, Remus muffler, MadDads midpipes, ETS 5" FMIC, ER CP, TurboSmart PB DV's, CDV, OCC, Michelin PSS

01-01-2013, 05:58 PM	#4
Knightelf Lieutenant Drives: 2011 135i SGM DCT Join Date: Oct 2009 Location: Brisbane Posts: 468 iTrader: (0) Garage List 2011 BMW 135i [0.00]	Ouch... The penalties for speeding over 25km, 35km & 45km are prescribed as mandatory suspensions by legislation and the magistrate does not have discretion to change this to a probationary period. http://www.austlii.edu.au/au/legis/v...6125/s89d.html However I would at least speak to a traffic lawyer as Ian suggested... good luck! Edit: Found this Can I stop my licence from being suspended? Your licence can be saved if the magistrate believes you were driving less than 25 km/h over the speed limit, at a speed less than 130 km/h. Otherwise the magistrate has no choice and must suspend your licence. If your licence is suspended, the minimum suspension period depends on how much over the speed limit you were driving: 25 to less than 35 km/h over the speed limit – one month 35 to less than 45 km/h over the speed limit – six months 45 km/h or more over the speed limit – 12 months any speed of 130 km/h or more that is not covered above – one month. Note: this suspension period is in addition to any suspension period due to demerit points. http://www.legalaid.vic.gov.au/speeding.htm Last edited by Knightelf; 01-01-2013 at 06:14 PM.

01-01-2013, 06:13 PM	#7
Ian///M Brigadier General Drives: 1M E82 Join Date: Mar 2011 Location: Oz Posts: 4,608 iTrader: (0)	...given your personal situation with kids etc, I'd say you have a good case to get a 1 point 12 month probation.... definitely get legal help though & this is $$$. Good luck! __________________ BMW 1M VO - Cobb + PTF e-Tune, Remus muffler, MadDads midpipes, ETS 5" FMIC, ER CP, TurboSmart PB DV's, CDV, OCC, Michelin PSS

01-01-2013, 07:33 PM	#8
Moocow Private First Class Drives: 135i Join Date: Mar 2012 Location: Melbourne Posts: 161 iTrader: (0) Garage List 2009 135i [4.50]	thanks for all the replies. I really appreciate everyone's help and advice. I'll get onto tracking down some legal advice. Tried calling a few, but are away until next Monday. cheers __________________ 2009 135i M Sport \| Cobb AP \| BMS DCI \| VRSF 3" Catless Downpipes \| M3 Front Sway Bar \| Eibach Pro Springs \| Sunroof \| Kerscher CF Splitter \| BMW Performance CF Spoiler \| BMW Performance Gear Knob \| Black Gloss Kidneys \| Black Gloss Rear Diffuser \| Blackline LCI Tail lights \| 18" VMR V710 matte black \| Aluminium M-Sport Pedals \| Angel Eyes \| CF Interior wrap

01-01-2013, 05:47 PM	#2
Scootah Private First Class Drives: 2009 335 Join Date: Feb 2012 Location: Lost Posts: 140 iTrader: (0)	Hey Moocow That sucks , and is a good reminder to me to lighten a heavy foot. Cops everwhere in Melbourne at moment I cant answer your question definatively , however a mate lost all his points and was able to take 1 point for 12 months rather that the 3 month suspension , difference with him is he lost his points over a period of time , not in one hit like you have Good Luck

01-01-2013, 05:58 PM	#5
timbo_3101 Second Lieutenant Drives: 125i, 1M Join Date: Dec 2010 Location: Melbourne Posts: 258 iTrader: (0)	Sorry to hear about this. Sounds like the 6m suspension was separate to the demerit points accumulated ... I recently picked up 3+2 demerit points in one incident, with accompanying fines. Feeling aggrieved at the circumstances, and it was against my usual sedentary driving in public (even conservative on circuit), I pondered whether to seek redress. Have heard that it is possible to contest this but as with many legal proceedings, there is no winner (emotional cost and time generally outweighs any financial impact). However, given your personal circumstances, this 6m suspension is considerable and may be in your interests to pursue rectification.

01-01-2013, 06:09 PM	#6
sharkatron Second Lieutenant Drives: `09 135i Join Date: Mar 2012 Location: Melbourne Posts: 275 iTrader: (0)	Really sorry to hear - hope you get it sorted out soon. Cops in Melbourne are everywhere. As others have said, get a good lawyer.

01-01-2013, 09:21 PM	#9
Nkryptd1 Enlisted Member Drives: 2008 Monaco Blue 135i Join Date: Jan 2012 Location: Denver Colorado Posts: 36 iTrader: (0)	I don't know about in Aus but in the US I almost lost my license under a similar situation. I requested to take a Aggressive driving course in place of losing the license. One weekend down and $100USD later I still had my license with no restrictuions. The $100USD was for the class, I still had to pay the fine as well. If you have similar classes in Aus, I'd recommend giving it a try but make no promises.

01-01-2013, 09:23 PM	#10
DR-JEKL Major Drives: Space Grey 335i 6MT Join Date: Jul 2012 Location: Newcastle Ozstraylia Posts: 1,086 iTrader: (0)	I had a mate I ride with got caught doing 112km/h in a 70 zone, he went to caught and got to retain his license on a good behaviour bond (unsure if this is the correct legal terminology) Definitely seek legal advice I'm sure you would have a good chance as your prior history was >8 years ago. He had to pay a fine that was around the $1K mark which in the circumstances was a small price to pay! Good luck with it all

01-01-2013, 09:25 PM	#11
woosh Colonel Drives: bsm e82 Join Date: Dec 2007 Location: Sydney Posts: 2,011 iTrader: (0)	You can definitely seek for a Work License in Court. One guy on e46fanatics was charged with a similar offence and over time had a Work License issued to him... which allowed him to drive a family car ONLY to/from work and picking up/dropping off his kids. Oh, and family car he bought for the probation period was an e60 M5 lol. PM if you want his username... he's a Barrister.

01-01-2013, 10:45 PM	#18
Gumball Lieutenant Drives: JB 135i 6MT Join Date: Sep 2008 Location: Sydney Posts: 534 iTrader: (0)	Such a bad joke- dunno how highway patrol sleep at night... Get a cheap car and drive slowly and carefully for 6 months. No way the penalty equals the offense.

01-01-2013, 11:07 PM	#20
Zuzu Major General Drives: VO 1M Beast Join Date: Mar 2008 Location: SyDnEy Oz Posts: 7,008 iTrader: (0)	Careful with legal advice.. Organized a barrister for my sons loss of licence, which seemed like a simple open and shut case.. A few court appearances and half a dozen adjournments later, I was close to $5K out of pocket, and he still lost his licence for 12 months __________________ COBB tune ... ETS FMIC ... aFe CAI ... Meisterschaft GT exhaust ... BM OCC ... H&R springs :

01-02-2013, 06:40 AM	#21
jaffa12 Major Drives: VO 1M Join Date: Aug 2011 Location: Sydney Posts: 1,018 iTrader: (0)	Sorry to hear this Moocow. Suggest you write a letter to explain your family needs and plead leniency. Do it asap before they formalise it. Going legal should not be your first course of action. __________________ \|Donald\|e30\|e46\|e46M\|r32\|e82M\|a45\|

01-02-2013, 05:30 PM	#22
UR25IO Lieutenant Drives: 2011 BMW 135i M-SPORT DCT Join Date: Nov 2011 Location: SYDNEY BONNYRIGG HEIGHTS Posts: 469 iTrader: (0)	Tell the judge that you had a leg cramp and needed to be stretch in an agressive manner LOL. (jokes) Im sorry to her that mate. Ive been in a smilar situation, when I was on my green Ps I was doing 138km in a 110km zone but 100km was my limite, copped 5 points, on the spot suspension for 3 months and $900+ fine but therofficer allowed me to drive home from Canberra back to sydney. On my final few days while been suspened, got caught drive and then I was issued a court attendance. Cost me $1500 to get a solicitor etc and got off with a section 10 and 18months good behaver bond. - first thing to to get good legal advice ( they charge you a arm and a leg) - I had to plead guilty - get some referee from friends and your employer (ppl who knows you for the longest would be good) - be remoresful of what you done and you might just get away with a Restricted Driver Licences during work period.

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