Lost License

holdensupporter2005 · #1 10-05-2008, 10:06 PM

Firstly, I don't want this thread to turn into an arguement. I already know that I have done wrong and I don't want people to make comments.

Ok I lost my license on the last week of December because I had run out of points and was on the 1 year no points loss options. I got pulled up in November for speed and so I lost my license for 6 Months. I am to recieve it back on the 21st June.

I run my own business from home and Mum has been taking me to Jobs. Last week I had a job to go to and Mum couldn't take me so I drove. Unknown to me that just recently the cops in this area are trialing some device that can detect unlicensed drivers and unregistered cars. Anyway I got pulled up and have to go to court for driving while disqualified.

My questions are:
1. Will I still recieve my license back on 21st June? and have to pay some massive fine?
2. I have not recieved a letter yet as to a date on when the court appearance will be, How long away will the court case be? eg. a few weeks, a few months, etc.

EDIT: I am on my full license (Not P's)

STEALTHY™ · #2 10-05-2008, 10:21 PM

From what i was aware of, the rules in recent years were very harsh on drivers who drove DQ'd.

Basically it was, if you've never had a license, and your caught driving, its a fine of a few $100.
Drive whilst DQ'd is an Automatic 6 months jail, but obviously going through the court system, they wouldn't send someone away for a first such offense.

I don't know if this has changed, but this was around the time i got my license, 5 or so years ago.
Maybe ask in the ask a copper thread.

*Awaits minux's post saying lock him up and throw away the key......*

needwork2-4fillhabbit · #3 10-05-2008, 10:33 PM

damn and damn hot car!!

VicCop · #4 10-05-2008, 10:34 PM

You wouldn't have been disqualified, but suspended. Completely different. Driving whilst disqualified is VERY bad and you can cop prison time very easy from it.

You will be summonsed at some stage to answer the charge of Driving Whilst Suspended. This does not affect your current suspension, it will still be lifted on the date. Once you go to court though, the magistrate will impose a period of disqualification.

You will generally receive a summons within three months, depending on how on top of his/her paperwork the police member is. After that it's quite some more months before the actual court date you will be given. I've got matters that I had listed at court back in February and they're not going ahead until July. It is very likely your suspension will be over before court.

holdensupporter2005 · #5 10-05-2008, 10:38 PM

Quote:

Originally Posted by VicCop

You wouldn't have been disqualified, but suspended. Completely different. Driving whilst disqualified is VERY bad and you can cop prison time very easy from it.

You will be summonsed at some stage to answer the charge of Driving Whilst Suspended. This does not affect your current suspension, it will still be lifted on the date. Once you go to court though, the magistrate will impose a period of disqualification.

You will generally receive a summons within three months, depending on how on top of his/her paperwork the police member is. After that it's quite some more months before the actual court date you will be given. I've got matters that I had listed at court back in February and they're not going ahead until July. It is very likely your suspension will be over before court.

so what is the difference then between suspension and disqualified (I though they were the same

)

AttaBoy · #6 11-05-2008, 12:00 AM

Quote:

Originally Posted by holdensupporter2005

so what is the difference then between suspension and disqualified (I though they were the same

)

Thats what I thought as well. Hope someone can explain this.

To holdensupporter2005 - Good luck

Cousin Slow Poke · #7 11-05-2008, 01:22 AM

Pffffft... You knew you were breaking the law. Can't do the time, don't do the crime. Simple really.

hakhawk · #8 11-05-2008, 01:28 AM

Quote:

Originally Posted by Cousin Slow Poke

Pffffft... You knew you were breaking the law. Can't do the time, don't do the crime. Simple really.

hes not looking to get out of it, hes asking whats going to happen and when, etc. vicroads doesnt give a lot of info out first go, i had to call up a few times and even asked on here inregards to when my licence was suspended.

sixshooter · #9 11-05-2008, 01:41 AM

I thought suspension and disqualification were the same ?!

Either way you hand your license back and have to pay for it again.

Is disqualification when a judge rules to take away a license? and suspension when you get a letter in the mail saying you license is void hand it into the nearest rego booth ?

I lost my L's and P's from running out of points but it is so long ago I can't remember what happenend... LOL... gee this thread is making me feel old now senility is setting in.

hakhawk · #10 11-05-2008, 01:46 AM

my suspension i didnt have to pay for my licence again. i had to hand it in, and they sent it back to me, but i went and bought a new one the day the suspension ended as it took a week to get the old one, and now its like a $400 fine for under 26 yr olds not holding their licence whilst driving. stuffed if i was gonna take that chance for $15

sixshooter · #11 11-05-2008, 02:31 AM

@Hakhawk

With P's and L's... I remember having to pay for them again as I didn't hold a full license.

With the P plate one the notice arrived just after finishing the P's... So I didn't have to do P's over again... I just paid for my full license after the disqualification. I have never run out of points since.

VicCop · #12 11-05-2008, 08:22 PM

The difference between the two is a hard one to get your head around.

Suspended = Your licence still exists, just your authorisation to drive a motor vehicle is suspended. Once the suspension passes, you are automatically right to drive again.

Disqualified = This is the tricky one because your licence will be 'cancelled' and you will be 'disqualified' from driving for a period of time. It works in two steps:

1. Licence is cancelled and ceases to exist. You basically have no licence at all, then;
2. Disqualified from obtaining a licence/permit. You can't get it back and are disqualified from being on the road at all.

The two scenarios are also measured by what one must do after either their suspension or disqualification is over:

Suspension = In case you haven't worked it out, you don't have to do anything, provided it's not past its expiry. Even if you receive a suspension period you still hang onto your licence for the meantime but your authority to drive is gone.

Disqualified = Your licence is usually taken from you, physically. If you're disqualified from something like a drink drive ticket, you'll be required to actually hand in your licence when it kicks in. Once the disqualification period is over you still don't have a licence, remember it ceases to exist because it was cancelled. After that time, you're able to go and ask for it back.

Getting it back is done by either going back to VicRoads (or whoever it is where you are) and paying licence fees etc. No, you don't need to do the whole driving test and P plate thing all over again. You just need to get it back off them and pay for it. However, if you've been disqualified by a court and the court has ordered that you not get it back unless by order of a magistrate it's a whole different process.

This usually comes out of drink driving matters that are heard at court. The magistrate will say "You're so bad you have to do a drink driving course and come back to court to ask me if I'll let you back on the road", something like that anyway. Once your disqualfication is up, you need to apply to the court for a licence restoration. This involves sitting in a short interview with a police member and answering questions about your drinking habits and how losing your licence has affected your life, whether or not you learned from losing it and making sure you're aware what will happen to you if you do it again. Those answers are sent to the court and they can be called upon during your restoration hearing.

After that, it's a case of turning up at court, getting up in the witness box and answering to the magistrate. The magistrate will then want to make sure that you've learned your lesson. If they see fit, they may impose a condition that you have an interlock device fitted to your car for a period of time. If that happends then after the time you're supposed to have the interlock on the car, you'll need to go back to court again to apply to have the interlock removed.

This is a process that still far too many people have to go through. Just go to your local court around mid-morning and sit in the court room where the mentions are being heard. You'll see all these people getting up in court applying for their licences back. You can all see how drink driving especially isn't worth it.

sixshooter · #13 11-05-2008, 08:39 PM

Thanks for clearing up my confusion VC !!!

Quote:

Originally Posted by VicCop

You will be summonsed at some stage to answer the charge of Driving Whilst Suspended. This does not affect your current suspension, it will still be lifted on the date. Once you go to court though, the magistrate will impose a period of disqualification.

So basically this lad is going to end up paying court costs, extra fines and be disqualified...

@holdensupporter2005... you do it again... hello bubba !!!

Buy yourself a pushie man !!!