Saturday, April 11, 2009 - 01:22 pm, by: Cameron Laufer(Ivboost)
How this, the other night I had just got home, car was parked in the driveway and I was standing beside the car passenger side (wife drivers side) and the Police drive into my driveway. Next I know I'm am being handed a "Notice to Appear" in court for driving on a suspended licence. Is this legal? When the police arrived there was on one in the car and I have not been caught for any offences while my licence was so called suspended.
Now I never knew my licence had been suspended, The police told me it had been suspended since August last year by SPER (un paid fines). I then called SPER and they told me that they sent me a letter on the 6th of August stating my licence was being suspended. I never received this letter, if I did receive it would have paid the outstanding amount and kept my licence valid.
Also on the "Notice to Appear" It states the if the court date is with in 14 days of the issue date, which it is (13 Days), I must sign the "Notice to Appear" in front of the police which I was not asked to do. Is the notice valid?
Can anyone shed so light on this? I will seek legal council before I go to court.
Saturday, April 11, 2009 - 07:23 pm, by: Tim Ross(Retox)
I had the EXACT same situation... except I was driving... got pulled over... and told to leave the car there
Officer advised me that if I reinstated a payment plan with sper, the suspension would be immediately lifted.
So, first thing monday, I did just that, then called back the issuing officer and he said to tear up the notice.
My advice, and whilst not legal advice, is to reinstate a payment plan straight away. Contact the officer that issued the notice, see if resolution can be reached... if not, take it to court... after all, can they PROVE you were driving the vehicle???
Anyways... hope that helps some
Miles Baker Goo Roo Vic 66 Mustang GT Convertible, 55 Chevy Bel Air, 69 Firebird 455, 69 Nova SS Clone
Sunday, April 12, 2009 - 07:32 am, by: Matthew Sharpe(Madmatt)
My opinion would be, don't drive or park your car in a manner to attract fines, and if you do get a fine, pay it in a timely manner. Its not that hard.
Sunday, April 12, 2009 - 11:33 pm, by: Aaron Mead(Aaron)
Get legal advice as Vaughn says, but note:
The burden of proof' is on the POLICE to PROVE, BEYOND ALL REASONABLE DOUBT, that you have committed a CRIMINAL OFFENCE (driving whilst suspended) before you can be found guilty of a crime. Every defendant is entitled to this covenant.
Kind of an equivalent of 'the fifth', i.e. you dont have to answer questions 'directly' you can say, 'i do not recall' however, your defence counsel would object any attempt by the prosecution to get you to admit.
Just hope you kept your mouth shut and didnt say anything.
Wednesday, April 22, 2009 - 09:58 am, by: Brendan McGannon(1jzspec)
unless you have been pulled over and put in the system for driving whilst suspended you will be ok 99% of the time,you cant be convicted unless they have proof,i can shed legal some legal advice light on you if you like,just pm me
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