130 in a 90 Zone NSW - Take Suspension or Appeal. How Will The Point Works?

snook on 12/05/2017 - 11:03
Last edited 12/05/2017 - 11:14 by 1 other user

Ok, no judging. I'm not here for that. It was a straight stretch of road and there were no other vehicles and I was on a bike that took no effort to get there.

The points for this will push my total up to 10.

Two questions about the points:
If I take the 3 month suspension, will my licence revert to 0 when I get it back?
OR
If I appeal the suspension and win and get to keep my licence for 3 months, will the points stay?

Please everyone - I AM ABLE TO APPEAL THE SUSPENSION
http://www.lawaccess.nsw.gov.au/Pages/representing/lawassist…

My question is about the points.

Automotive

closed Comments

  • [Deactivated] on 12/05/2017 - 11:09

    If I take the 3 month suspension, will my licence revert to 0 when I get it back?
    OR
    If I appeal the suspension and win and get to keep my licence for 3 months, will the points stay?

    which is less time consuming?

  • spackbace on 12/05/2017 - 11:10
    +3

    There's no appealing that decision…

    • snook on 12/05/2017 - 11:11

      I can appeal the suspension

      • spackbace on 12/05/2017 - 11:12
        +4

        After getting caught like that, the judge won't even listen to what you have to say

        • spackbace on 12/05/2017 - 11:31
          +7

          @snook:

          It's not judging, it's a fact.

          Depending on how exact your speeds are you're lucky your not in WA. 45kph or more and your bike would've been impounded under hoon law.

        • tonyjzx on 12/05/2017 - 13:19
          +1

          @snook:

          you should change your username to 'sook'

  • k-rokfm on 12/05/2017 - 11:11

    You wont be able to appeal the suspension, youll have to go to court to fight the fine, but you wont get off the fine - youll have to dress nice, say your sorry and you wont do it again, and hope for the best

    • snook on 12/05/2017 - 11:11
      -3

      this is wrong. You pay the fine and you can appeal the suspension.

  • snook on 12/05/2017 - 11:12

    I just want to know about the points because i can't find info on that anywhere

    • spackbace on 12/05/2017 - 11:13
      +1

      In WA you get all the points back after a suspension.

      I hope you learn your lesson after 3 months without a license though.

      • snook on 12/05/2017 - 11:16
        -6

        Dude, I'm 55, been riding a bike since I was 8. I'd just got it and gave it a squirt. It's an unfortunate situation.

        • spackbace on 12/05/2017 - 11:34
          +2

          This 1 incident caused you to lose 12 points…?

          Yeah no one's believing that.

        • snook on 12/05/2017 - 11:35
          -2

          @Spackbace: You're in a mood today. Remember comprehension from school?

          Read and comprehend what is said before commenting.

          The points for this will push my total up to 10.

          Sorry Spack, but i'm not in the mood for this today.

        • spackbace on 12/05/2017 - 11:40

          @snook:

          I gave you an answer to 1 part of the question, you're just choosing to dwell on my other point.

          (though my answers are WA based, seems you got the NSW answer below)

        • aoeueoa on 12/05/2017 - 13:02
          +3

          It's not an unfortunate situation. You didn't give a f* about the law. Don't minimise your behaviour. You're the same as every other hoon rider out there who is done for speeding.

          I got done for 30+ in the National Park, doing 94 in 60. License suspended 3 months. I didn't bother appealing. Why? Because there's no excuse, I knew I was being a (profanity), I knew the law, I knew it was dangerous.

          That was 3 years ago. Looking back, the cop probably saved my life and I'm thankful for that. I don't ride like that at all anymore.

          As for your defenses:
          No other vehicles on the road: 40% of bike crashes are single vehicle ie no other vehicle involved
          Straight stretch of road: 50% of single vehicle crashes are on a straight stretch
          You're 55: there are more crashes for people over 40 than under

          I'm hoping you'll change your attitude and perhaps stay alive, and take your urges to the track instead.

        • snook on 12/05/2017 - 13:31

          @aoeueoa: more speed related crashes apply to people UNDER 40

          Speeding in the RNP IS dangerous. I was on a straight stretch of bypass. No intersections. No cars. No nothing.

          I politely asked people not to judge so thanks for your polite response.

  • tsunamisurfer on 12/05/2017 - 11:12

    On what grounds do you have to appeal the suspension? You have basically owned up to it with "there were no other vehicles and I was on a bike that took no effort to get there"

    • snook on 12/05/2017 - 11:13

      for work. I can appeal the suspension for work and hardship. This was a bike. I need my car licence for work.

      • altomic on 12/05/2017 - 11:40
        +1

        In qld you can make an application for a provisional/conditional license. So for work you can only drive to & from work.

  • k-rokfm on 12/05/2017 - 11:16

    If you have a full licence and it is suspended because you get 13 or more demerit points, you cannot appeal to the Local Court against the suspension. If you get 13 demerit points there are two options so that you can keep driving:

    a good behaviour election, or
    an application for professional driver status.
    A good behaviour election is made to RMS. A good behaviour period runs for 12 months. If you want to ask for a good behaviour licence, you must make the election before the suspension begins. You can continue to drive but if you get two or more demerit points during the 12-month good behaviour period, your licence will be suspended for twice the original suspension period. For more information, go to 'Apply for good behaviour on a suspended licence' on the Service NSW website or contact RMS.

    http://www.lawaccess.nsw.gov.au/Pages/representing/lawassist…
    Took me 2 minutes to find

    • snook on 12/05/2017 - 11:17
      -2

      this doesn't answer my question about the points. I have 10 points total, including this.

      If i take suspension - will my points revert to 0
      OR
      If I appeal and win will I still have 10 demerit points

  • k-rokfm on 12/05/2017 - 11:20

    Demerit points age with time

    Any demerit points you incur are not deleted. They remain on your driving record along with the offences they relate to. Over time, demerit points will age and there is a point in time after which they will not be counted even though they, along with other offences you have committed, have resulted in you reaching the demerit point threshold in a three-year period.

    Any demerit points that are more than 40 months old will not be counted for demerit point suspension. For example, this means that a licence suspension will be applied if you incur 13 or more demerit points (14 for professional drivers) in a three-year period and all the offences are not more than 40 months old.

    http://www.rms.nsw.gov.au/roads/safety-rules/demerits/

    No you wont revert to 0 points, your points stay on your licence forever but they just wont count after a certain period. So after your suspension (or good behaviour period) if you get another fine you could potentially be facing another suspension easily

    EDIT: sorry was meant to reply to post above

    • snook on 12/05/2017 - 11:26

      Here's the problem with this:

      Just say someone reaches 13 points (for the example it happens in a 1 month period) and their licence is suspended for 3 months. At the end of that 3 months, they still have 13 points. How do they drive?

      They can't. If how you're interpreting this is true, they don't have any points.

      • k-rokfm on 12/05/2017 - 11:29

        No they still have 13 points but they have served their suspension period. It still means they have 13 points however, so if they were to get another fine (even a minuscule one) and only get 1 point, then they will get another suspension.

        "If you incur 2 suspensions due to demerit points in a 5 year period the RMS may ask you to complete:

        a drivers knowledge test,
        driver education program, or
        both
        Your licence may remain suspended until you complete the drivers knowledge test and/or the driver education program as requested."

        • snook on 12/05/2017 - 11:34

          Ok, thanks. As it makes no difference, this means I appeal the suspension.

          All good.

  • [Deactivated] on 12/05/2017 - 11:29

    look up "good driving behavior period" might be a help in keeping ur licence

  • Randxyz123 on 12/05/2017 - 13:20
    +1

    Mate, no magistrate is going to listen to excuses for doing 130 in a 90. That's 40 over. I would doubt they would give you the right to drive a car only. Even just to work.

    You'd need to go into court with clear travel times printed out and reasons why you couldn't take public transport. Unless you can show it will cause you hardship. Even then you did the crime and you need to deal with it. If that means you loose your job, tough luck.

    Our court system is so messed up that you'll probably get out of your suspension, or if you don't and loose your job, you'll still be able to get Centrelink which means everyone else has to pay for your stupidity.

    Sorry for the rant but this stuff really annoys me.

    • snook on 12/05/2017 - 13:36
      -1

      Sorry to disapoint you but I will not lose my job, with or without licence, and I will appeal the suspension and I will win.

      The question was purely about points, not judgement opinions and other crap.

      What annoys me is P platers weaving at speed through traffic. I was endangering no one, not even myself.

      • k-rokfm on 12/05/2017 - 13:45

        If you're not going to lose your job then there is exactly 0% chance that you will be allowed a good behavior licence.

        Also remember that they can extend the suspension if they feel the need to. Considering the speed it could be probable.

  • snook on 12/05/2017 - 13:37

    Admin, the question has been answered, could you please close this post. Thanks

  • Cheeper on 12/05/2017 - 13:51

    Let us know how you fare in court… please.

  • Moderatorscotty on 12/05/2017 - 13:59

    Thread closed as requested by OP, as question has been answered.

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