Appealing courts decision

**bubbles & peanut** · 26-09-2006 15:23

I'm after a bit of advice about my DP's drivers licence. It's a long and confusing story - sorry.

In 1998, he was caught by a speed camera, but as he had just moved and didn't change his address with the RTA, he wasn't aware of his fine, so obviously, he didn't pay it.

About a year later, his ex kicked him out and he was living in his car. He was pulled over for a random breath test, and the police told him his licence had been cancelled because of an unpaid fine. Anyway, he kept driving because he was finding somewhere to live, and he was pulled over 2 more times over the next few days.

He represented himself in court in January 2000 (Legal Aid didn't turn up like they were supposed to, and we couldn't have it adjourned), and they disqualified his licence for 3 years for each offence (VERY harsh in my opinion).

He was supposed to be able to get his licence back in May this year, but after contacting the RTA, they told him he can't get it back until 2011. They had added 5 years on top of his original 6 years for being a habitual offender, and he wasn't even noified about it!

Anyway, getting to my question...

Is it possible to appeal the court's decision after so long, and how would we go about it?

Thanks

**claireandbailey** · 26-09-2006 15:32

He shouldnt of been driving when he knew he didnt have a valid licence!
i;m not sure but ring up legal aid and ask to make an appointment to speak to someone!

**draught** · 26-09-2006 15:34

You will need to check with Legal Aid in your state but the general rule in most states is that appeals need to be lodged within 28 days of the decision. Given that he continued to drive while disqualified and chose to ignore what the police told him he is lucky that he only lost his license - many people go to jail for that.

**bubbles & peanut** · 26-09-2006 16:01

So he should have continued living in his car?

When you are in the middle of nowhere with NOTHING but your car and the clothes on your back, and no one to help, what would you do?

Thank for the advice anyway.

**Lizzie0808** · 26-09-2006 16:09

I'm surprised that the police LET him drive off with a cancelled licence - my friend got pulled over the day after her licence expired and they wouldn't let her drive.

It might also be worthwhile getting in touch with a Community legal Centre in your area as well as Legal Aid - they can give you some good preliminary advice on what steps you can take next.

**mum2four** · 27-09-2006 08:16

Surely there is something he can do.
Firstly, was there public transport he could have used rather than driving to find a place? If not they may be sympathetic.
Second, he didn't have proper representation at the original hearing that was not his fault.
Thirdly they ADDED extra on without advising him of this (was this the courts or the RTA)
Sounds like he was treated rather harshly considering my ex got caught drink driving twice in the one night and only lost his licence for 12month X 2 but to be served concurrently and got 200hrs community service!
Drink driving is far worse than driving unlicenced in my opinion

**Karizma** · 27-09-2006 08:28

Sometimes people mess things up, its not like he was drink driving or anything. The poor bloke was living in his car I doubt his head was all there. Seeing as "I" havent been in his situation "I" cant judge his actions.
You asked for ADVICE: I'd say get back in touch with Legal Aid, they may not have shown up the first time, but dont burn all your bridges, they just might show up this time and be a life line. Maybe he can even apply for a working licence to get back and forth from work. Good Luck with it all hun

Don't give up keep fighting.

**nemosmum** · 27-09-2006 08:29

Something similar happened to my dh some years ago.

He didnt pay two parking fines (as he like your partner didnt recieve them in the mail so was none the wiser)

The RTA didnt notify him that his licence was cancelled due to the unpaid parking fines (OR if they did they didnt do a very good job cause he never knew about it)

So when he got pulled over by the cops he was totallyunaware he was driving with a suspended licence.

Anyway he went to court and defended himself (LOL which is so DH!!!) anyway he explained it all to the judge and the judge reinstated his licence and put him on a one year bond.

Well to his suprise 6 mths later he gets pulled over again and told that the RTA had never reinstated his licence and he was again driving with a suspended licence.

When he fronted court again it was the same judge LOL and he just through the case out of court saying it was ridiculous for the RTA to overule his judgement!

Case closed.

Just recently dh reiceved another parking fine in the mail and he wasnt even in that state at the time the fine was issued LOL so his going to court to fight that one too.

The RTA get it wrong......ALOT!

Ring legalaid and see what they can do......OR DH is always free maybe he can help convince the judge LOL

**bubbles & peanut** · 27-09-2006 10:27

Originally Posted by Lizzie0808

I'm surprised that the police LET him drive off with a cancelled licence

They told him not to drive, but he did. He was out near Wilberforce at the time, and if anyone knows that area, they'll know that buses are very uncommon in the area, and it's quite a hike to the train station.

It's obvious he did the wrong thing, and he accepted his original 6 years, but because of this, he can't work in either of his 2 trades, and access to his son is limited (his mum doesn't like him spending 4 hours on the train each way).

We'll get in touch with Legal aid to see what can be done.

Thanks everyone

**Alatariel** · 28-09-2006 08:37

Hiya, I did a little reserach for you:

The Road Transport (General) Amendment (Driver Licence Appeals) Regulation 2004 removed the right for a person whose licence was varied, suspended or cancelled by the RTA to appeal to the Local Court against that decision. An appeal can no longer be made in relation to the suspension of a drivers licence for the accumulation of points. Many RTA decisions remain appealable but in most cases time limits apply so you should seek advice promptly once notification of an RTA decision is received.

As your partner didnt lose his licence for loss of points, from what I gather, the decision is still appealable, but the time limit may be in force now. It still worth trying though, as he wasnt made aware until now of the extra suspension. strictly speaking, unless you didnt get notification ebacsue of a failure to change address or something, you have only now recieved notice of an RTA decision and should be able to argue you are within time.

Also:

The Road Transport (General) Act 1999 declares an offender an "habitual traffic offender" on conviction where the person has, in the period of 5 years before the conviction, also been convicted of at least 2 other driving offences committed on different occasions. The declaration as an habitual traffic offender means an automatic 5 years cumulative disqualification unless the court decides that would be too harsh, in which case the period of disqualification can be reduced to two years but cannot be reduced further.
At the time of the third conviction or subsequently, the motorist may apply to the court for the declaration to be quashed on the grounds that it would be disproportionate and unjust having regard to the motorist's overall driving record and any special circumstances.

From the sounds, i dont think you would get off on disproportionate, as the courts generally have regard to what you did, not why you did it, but with your partner unable to work in his trades, and you guys having a family, that may constitute special circumstances.

While part of me says 'do the crime, do the time' another part of me thinks that he has TOTALLY learnt his lesson, and to be honest its preopsterous that you can drive home drunk, crash and seriously injure someone and get banned for a year or so, but your DP has lost his licence for 11 YEARS! Thats just... crazy. Do the crime, do the time is only reasonable when the punishment is in proportion to the crime, IMO.