Kawasaki Sportsbike Riders Club - Australia - Online Forum

So, the long awaited story. Well, I'll release the full version later but I was pulled over by the police, had my plates taken for 3 months, license taken at the scene and left on the side of the road in the middle of no-where. I was charged with speeding at >45km/h over the limit and dangerous riding and was to attend court in a location I was unable to physically reach without a license so applied to have the matter heard in my home town. Without any notification on my appearance date I was told the matter would be adjourned, the magistrate decided that the hearing would not be moved/adjourned, chose to decide the matter there and then and I am fined $3.4k and my licence has been suspended for 5 years. That is right. 5 years. I called the police officer to find out what happened and he advised that kind of penalty is unheard of but it's out of his hands. The local court and legal aid advise that it was up to the magistrate and I can apply for an annulment, which means more money, it may be rejected and I still have to get to the middle of no-where with no license. I could appeal to the district court but I was advised this would involve more money (I am unemployed but don't get Centrelink, yet), the penalty may be increased and I would probably want to hire a lawyer.

I am between a rock and a hard place. I have been through all kind of emotions, cannot find employment due to not having a license and need to reduce the term of my license suspension in order to be able to live again.

Any advice that doesn't involve large amounts of money? Someone said move overseas for 5 years, which doesn't seem like a bad idea except I don't want to leave my family or ruin their career by asking them to move.

Pay for decent legal advice and in the meantime sell the bike. Id say you wont be riding for sometime anyway

Look up how much the fine is for riding unlicensed?

You have been screwed mate!

If you have no money get legal aid , cost nothing . I thought you were allowed 3 adjournments ? Its a joke what they have done .

Up here in Qld- one of my clients got busted doing 170 in 110 zone on M1 on his CBR1000R - they took his licence for 12 months, I think the fine was around $3k and took his bike licence- back to learners - he did his RE licence with me - then another 12 months later he has to test again if he wants a big licence. I thought that was nasty. Kinda pales compared to yours!

Phone call to Mark is required: http://www.lawstop.com.au/

Hope you can get it sorted

Is this Mark any good? If so, how do you know?

He has represented motorcyclists for a hell of a long time & would be considered an expert when it comes to motor vehicle cases

I think you have answered your own question.

Without spending the coin you aren't going to get any decent advice nor any chance of getting the decision reversed.

I wouldn't go legal aid based on what I have seen inside a court.

Good luck but I think you are screwed, the over 45 not so bad but the dangerous riding is the killer

Of you have a long list of prior traffic offences that will play a part in the sentencing. Best to get good legal advice.

Fark As above if u have a lot of naughty tickets consistently it will be a lot harder as he probably thought screw u you don't learn and threw the book at you.If not you really need help to at least get the time reduced if that's sucsesful then you fill out a hardship form and offer them stuff all a week in your situation it would be really hard for them to refuse this but don't mention this before you reappear to contest the time.Good luck

Don't ride / drive unlicensed AT ALL, not even for 100m to move the car. Get done for that and the years will compound very quickly. A customer got done multiple times for driving without a license and the nail in the coffin was 17 years suspension oh which he's served 10 and will get it back soon.

Good luck mate!

Ouch!
Talk to the lawyer. Cost at most a few hundred for initial advice (In Melb its $250 or so). Can hardly do worse than you've managed by yourself.

A wise man once said a client who has himself as a lawyer has a fool for a client, get some decent advise, not legal aid advise, and sometimes surprisingly the local magistrate chambers can offer options that can assist you, ask you never know but don't take action that hasn't come from advise someone within the legal fraternity you will get even more royally screwed than you are now.

Rooster makes a good point. Use someone local to the magistrate, they probably play golf together or hang out at the same topless bar. Parsi have seen both for personal and business purposes, if the judge knows and like the barrister then amazingly 50/50 calls all go your way.

As in my case when I had my indiscretion 15 years ago up Newcastle way, my solicitor used the services of a local law firm. I asked why he wouldn't come and represent me as he had been our family solicitor for as long as I could remember, his words were I don't know the magistrate and many don't like others from out of the area telling them how they should run their court. As it turns out the local law firm was well known by the judge and had a joke at my expense as they discussed the details of my indiscretion, not that I found it funny. In any case I was give a section 10, which for my offence was unusual at the time