Can I successfully appeal a license suspension?

Anon Imperfect Mum

Can I successfully appeal a license suspension?

Hi ladies!
Need some advice... It’s a long one.
I got caught speeding. Badly.
I’ll explain it so hopefully you have some constructive advice - because I am gutted.

My issue is, I got caught doing 96 in a 60 zone, just coming into a town on a highway. I swear I thought I was in an 80 zone. My heart stopped when I was told it was a 60.
Outcome $524 fine & 3mth suspended license.

I was at work - I am a sales rep who relies on my license for work & support myself & 2 young kids, alone. One kid is at school & one is in daycare. I work full time, Mon - Friday.

So - It was lunch time, I was helping deliver some goods that had been messed up by my work to another business. I had just taken a call from a colleague stating they needed help & was seeing if I could assist. I jumped into my car & exited a different entrance than what I came in at - it was an 80 zone when I entered.
The 60 speed sign is at the exit that I left, but as I was concentrating on the traffic coming both ways I honestly didn’t see it.
I saw the cop coming towards me, looked down & realized I was over & back off, but I knew I had been done. The sign just ahead of me was a 60. I saw the cop pull over & turn around, so I pulled over in the first car park & waited for him.
It wasn’t until he explained that I was actually in a 60 zone that I knew I was in trouble.

I rely on my license. This is the first time I’ve ever done my license.
My question is - what are my chances of pleading for a consideration? I’m not denying that I was speeding, I’m not wanting to avoid paying the fine, but I’m praying that they could offer for me to go an a good behavior for 12mths or something?!
I am honestly losing sleep as to how on earth I’m going to get my kids around & how on earth I’m going to get to work & work when I need my license.
I’m in VIC - I know that different rules apply to different states.

Thanks for reading if you got this far. :(

Posted in:  Life Lessons

12 Replies

Anon Imperfect Mum

Pleading guilty of speeding thinking it was only 16 over doesn't make it sound any better. 96 in a zone that's 60 or 80 sounds really dangerous.
You can Google the reasons that are acceptable reasons for leniency.

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Anon Imperfect Mum

You might get a work license if you get a nice judge
But I’m sorry with that speed in a 60km limit I’m surprised you didn’t get suspended for longer

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Anon Imperfect Mum

Apply for an Extraordinary license, you will still be able to drive but on strict conditions like work related only or something. Its not worth fighting the suspension. I am in WA so I'm assuming they have extraordinary licenses in other states.

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Anon Imperfect Mum

I mean, it sucks majorly but I think you'll probably just have to cop it on the chin.

You may have been successful if there wasn't clear signage but as there was, you just failing to notice it probably won't get you far.

You could request a restricted licence but realistically, I'd start making plans should it turn out worst case scenario.

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Anon Imperfect Mum

You may be able to get a work license but they have very strict conditions including the loss of licence for 12 months if caught doing the wrong thing ( this was the case for us in new we decided to take the 3 months) if you fight it you need to understand it may be worse. Look into a specific traffic laws lawyer

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Anon Imperfect Mum

My husband - the silly thing he is - got 4 speeding fines in a week (highway, he didnt realise how the point to point cameras worked and his face when I explained it to him when the first one rolled in was hilarious he knew he was done for)
Anyway, he was on his p1s and got a 3 yr good behavior bond. Kept his nose clean for the 3 years then got caught doing 118 in an 80 zone. They offered him another good behaviour bond but 3 years or a one year suspension. He took the suspension so he could have a clean license when he got it back. Hopefully hes learned his lesson because I'll kill him if he loses it again. We're in SA but the point of my comment is that generally you get offered a good behaviour bond for your first offence.
Second to that - one friend has had 3 suspensions and each one of them is from him wrecking a fresh good behavior bond.
Best friend lost all her points - good behaviour bond.
I wouldn't stress too hard until they say they're taking your license.
I've had a clean license for 8 years but nearly everyone I know has been put on a good behaviour bond at some point in my time of knowing them.

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Anon Imperfect Mum

It's the responsibility of the driver to know the speed limit.
I can't imagine you'll be getting off, almost 40 over is crazy. And I've actually heard of judges being harsher on people who take cases to court to try and get off, when it's obvious they're just using it as an excuse to put off paying. Maybe go back to where you got the ticket and look for signage. But honestly, start figuring out a way to make no licence work.

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Anon Imperfect Mum

I doubt you can get off. My partner got caught speeding, I dont drive, I was pregnant, he was a tradie and had to drive to work. He tried to appeal and didn't get approved. His suspension was for longer too. He had to quit his job and just take a shit job he could walk to. Someone else had to drive me to hospital while i was in labour which shattered me because I didn't want anyone else involved. We suffered so much financially. It still effects our lives 4 years later.

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Anon Imperfect Mum

It is possible to plead for consideration... if it was your first offence then you have a chance.

BUT... you were still doing 16 over what you thought you were meant to be doing. So I wouldn't count on them being nice to you. I also think that if they don't let you off, that you deserve it. 16 over is still incredibly dangerous. 36 over is just a death waiting to happen.

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Anon Imperfect Mum

Don’t get too upset about the comments. I bet some are the ones who PRETEND they are great little drivers but actually drive like those they put down. I have watched so many carry on like some have on this post BUT are guilty of it. I am a careful driver(years of driving heavily modified muscle cars) but have sped in my miss daisy barina(was a 50 previously a 60 when I drove it last). We all stuff up. You can appeal as I know many actual hoons who have. Hope it works out for you.

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Rachel Maidment

Hire someone to drive you around in your car 🤷‍♀️

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Kelly De Vries
Most helpful answers from when it WAS on facebook (too many people there focusing on their opinions and not answering your question....) I hope these help! x
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You can request a working licence with a signed letter from your employer stating you require your licence and car for working purposes. If you have previously had a clean driving record this will also work in your favour. No guarantees but go prepared
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The judge will decide for his or herself whether an exemption is appropriate. All you can do is state your case, let him know of the detrimental effects to your children and work situation and hope for the best. I'm in QLD and I had a friend recently who had two options - suspended for 3 months or 1 point for a year. He took the suspension as it was easy for him to bike around.
Good luck.
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Hopefully you will be able to get the 12 month good behaviour with 1pt. And yes, apply for a work licence.
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All you can do is try. It doesn’t cost anything to try and you retain your license while you are appealing. Good luck! X
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I know someone who appealed the suspension and applied for special conditions such as a km zone limitation and a night time curfew because his job relied on his ability to drive. If you show remorse and you clearly acted respectfully etc at the time byacknowledging your error from the start and pulling over to wait for the cop. 
Write a letter to present at court and call justice to seek advice with regards to any forms you have to fill in to seek special consideration.
 
Frankly, we have an off ramp where I live that goes from 110 to 60 and if you actually show down to 60, the other cars tend to tailgate you or speed past you in the emergency stopping lane and then cut you off. You are safer to travel at the speed of the traffic flow in this instance. Speed signs are pretty black and white but driving to the road and traffic conditions aren’t. 
 
Ignore all the comments here that are holier than thou. You know you stuffed up. If this guy I know can get special dispensation, then you should be able to at least try (I’m pretty sure this was in Vic too).
We all make mistakes. Do what you can and think constructively about how you can handle the situation if you are denied the special consideration. Good luck! Xx

 

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