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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3411
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I got booked speeding a few months ago for over 45kph over

Resolved Question:

I got booked speeding a few months ago for over 45kph over the limit. I had my licence suspended within 24 hours. I took the matter to court and got my licence back a week later. I still payed the fine. I just recieved a notice in the mail from the RMS informing me of my licence suspension for the same offence. I rang them and they said they had every right to as I did not complete the suspension from the Police.
If I was to take this one to court again would I have a legitiment case?

Thanks
Andrew
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello

Simply a clerical error.

Go to the court you had the matter dealt with, then get them to write up a letter explaining the decision.

Send that letter to the RMS and have them lift the suspension.

Sadly it is very common.

At worst you can lodge an RMS appeal with that court, but I think the letter would suffice.

Please accept
Customer: replied 1 year ago.

I have the letter from the court appearance but it was to do with the suspension the police gave me. So the RMS issued the new suspension after i payed the fine. When I called the RMS they said I appealed to the Police suspension and that they can still issue their own suspension. I will try and send the document and see if they can remove the suspension.


I feel that if they were to issue me with this suspension then i would be recieving a double punishment for the same offence. Is that the case?


 


Thanks


Andrew

Expert:  Daniel replied 1 year ago.
Hello

In any event, you have been given two suspensions for the same fine.

Lodge an appeal with the court, they will lift the second suspension period given by RMS

please accept
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3411
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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