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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44887
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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How long is the expected time to receive a charge and summons

Resolved Question:

How long is the expected time to receive a charge and summons from the Victorian Magistrates court. I was caught driving without a license ( suspended for 6 months ) 2 and a half months ago. The policeman at the time took my details and at the end said that i might hear from the courts. As it is seemingly taking a long time i am wondering if by some twist of fate the officer may have shown some leniency and not submitted the charge. Is this just wishful thinking or are the courts that back logged with paper work that it takes months for a summons to be issued.

Kind regards

Cameron Watt
Submitted: 7 years ago.
Category: Australia Law
Expert:  Leon replied 7 years ago.
Chat Conversation Started
Leon Rizos :

Hi v

Leon Rizos :

that is a fair amount of time

Leon Rizos :

have you spoke to the officer?>

Leon Rizos :

when you say without a license do you mean you were not licensed to drive or you did not have the licence on you

JACUSTOMER-he82hym3- :

I had lost my license for loss of points and had my license cancelled for 6 months. I have not spoken to the officer as i have not really wanted to draw attention to a matter that he may have let me off for. Is there not a period of time in which a charge and summons for driving without a license should be processed and sent out to me.

JACUSTOMER-he82hym3- :

I had lost my license for 6 months for loss of points. I have not spoken with the officer as i did not want to draw attention to a matter he may have let me off for. Is there not a period of time in which a charge and summons is processed and sent to me. I am of course hoping now after this long period that i may have had some leniency shown and the charge may not have been entered. Are the courts that back logged with processing such mattters.

Leon Rizos :

the officer should have lodged it

Leon Rizos :

it may have been lost

Leon Rizos :

I suggest you speak to the licencing authority and see whether they have information on whether you have had a further disqualification

Leon Rizos :

the worst thing is that if they got your address incorrect and dealt with it in your absence

JACUSTOMER-he82hym3- :

It is most unlikely it has been sent to the wrong address. Once the officer lodges the charge how long should the Magistrates court take to issue a summons.

Leon Rizos :

you should be notified within weeks

Leon Rizos :

at worst 1 month

Leon Rizos :

the only option you have is to wait or contact the officer

Leon Rizos :

once your 6 months is up you should go and see if you can get your license back

Leon Rizos :

just do not drive until you get it back

Leon Rizos :

if you later get something in the mail you attend court and deal with it them

Leon Rizos :

then

JACUSTOMER-he82hym3- :

Thanks maybe just maybe I've encountered an officer with some compassion. Fingers crossed. I will make payment now. Thanks again

Leon Rizos :

good luck with it

Leon Rizos :

but until the 6 months is over do not drive

Leon Rizos :

the penalties are very severe

Leon Rizos :

12 months minimum suspension

Leon Rizos :

please click on the accept button so I can be paid

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