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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43270
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am a p license holder who has been charged with careless

Customer Question

i am a p license holder who has been charged with careless driving and received a traffic infringement notice for 3 penalty faults and 100 dollar fine
whilst no mention is made of this in the paperwork i am given to understand that i will also loose my license for 3 months
i am paticulary annoyed as at the accident where nobody else was involved the police offices said that as long as my breath test were clear test was clear no charges would be made,this was as a result of an enquiry by my father as i had already been taken to hospital where the tests were clear
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

What is your question? Whether you can avoid losing your licence?

Customer: replied 1 year ago.
i am a c class license holder but on my green p plates who has been charged with careless driving and received a traffic infringement notice for 3 penalty faults and 100 dollar fine whilst no mention is made of this in the paperwork i am given to understand that i will also loose my license for 3 months i am paticulary annoyed ... view full
Customer: replied 1 year ago.
Expert:  Leon replied 1 year ago.

Good Afternoon

ok

Was there any damage to any property or the car and what is your driving record like? How long have you been driving?

Customer: replied 1 year ago.
the car was a right off but no other damage to property and my driving history is good but have only been driving since November last year
Expert:  Leon replied 1 year ago.

AHHH I see

You can take the matter to court and have a court decide.

The Magistrates are not lenient when it comes to this. If there is evidence of speed involved they will not give you your license back early

Have you been notified of when you will lose the licence?

Customer: replied 1 year ago.
no but on a legal aid website for west Australian law it says since I'm a p plater my license will automatically be suspended but i haven't been notified if it is or not
Expert:  Leon replied 1 year ago.

All licences are suspended when you exceed the demerit points you have.

You dont incur them till you pay the fine.

So you can apply to have a court decide. If they decide to be lenient they can set the infringement aside.

You cannot apply for an extraordinary licence because it is a demerit loss

http://www.legalaid.wa.gov.au/InformationAboutTheLaw/CarsandDriving/Drivinglicenses/Pages/LicenceApplications.aspx

I hope this makes sense?

Customer: replied 1 year ago.
it does but i still have a demerit points i havent loss them yet so does that mean my license isnt suspended
Expert:  Leon replied 1 year ago.

Good Afternoon

You will lose them once you pay the infringement notice. Until you pay you do not lose the points.

Until then the license is not suspended.

I hope this is clearer?

Customer: replied 1 year ago.
even after i pay my fine i will still have four demerit points as i can have upto seven points taken off me. all i want to know is my license automatically suspended since i am a p plater and was charged with careless driving.
Expert:  Leon replied 1 year ago.

Good Afternoon

You should only have 3 points because you have been driving for less than 1 year.

Unless you are a type 2 notice driver driving more than 1 years but less than 2

Read this pamphlet and page 3 is about the points for loss of license.

http://www.transport.wa.gov.au/mediaFiles/licensing/LBU_DL_FAQ_Graduated_DP.pdf

Customer: replied 1 year ago.
okay so i have no more demerit points left but i still have my license since i was only fined three demerit points am i right?
Expert:  Leon replied 1 year ago.

Good Afternoon

I do not understand the question you have just asked.

Customer: replied 1 year ago.
ok just to clarify things
at this moment i have no demerit points
if i accept the infringement notice i get 3 demerit points but i could drive as i need to acquire more than 3 points to be disqualified
however am i automatically suspended for 3 months in addition,which is not mentioned in any paperwork just because i am a p plater
Expert:  Leon replied 1 year ago.

Good Afternoon

If you can only accumulate 3 points and you do then you will be disqualified.

If you can accumulate 7 then you can continue driving as you will have 4 more to accumulate

It all depends on what novice level you are on.

I hope this is clearer?

Expert:  Leon replied 1 year ago.

Good Afternoon

If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon