WA Car Accident - Penalty for Being Caught on Suspended Licence?

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Strongarms38

Well-Known Member
16 April 2014
40
8
149
I've posted variations of this question many times do I'm going to shorten it to a simple one part question. My ex was caught after being involved in a serious traffic accident.

It is known that her license was under suspension at the time and despite this fact she'd continued to drive for 9 months suspended. All reports to WA authorities returned no action and most cases blown off completely. This included formal written complaints taken as far as the CCC. All reports have returned with false and misleading information and the CCC has joined in to bury this issue.

Surely at the very least being caught driving under suspension and endangering a minor should come with a mandatory penalty? This has never been implemented nor even seen in court. The fact that a reported offender was allowed to continue to drive with a suspended license suggests negligence to me. The cover up suggests not only negligence but now adds fraud to the charge.

Any help would be welcomed.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Yes, though getting the authorities to do something seems like the hard part for you :(

You could try approaching the mass TV current affairs programs to see if they will run a story. Need to figure out what angle will get their interest. Remember their interest could well be different to yours.

You could go back to the family court and ask to have the kids in your sole custody. As for penalties against your wife, it probably sounds like sour grapes from an ex wanting revenge. Your ex-wife's situation will eat you up and leave you bitter and twisted so I suggest you focus only on your kid's safety and leave the issue about the wife alone.

It is hard for you and I can sympathise however there is only so much you can do.
 

Strongarms38

Well-Known Member
16 April 2014
40
8
149
Thanks Rod.

Sour grapes doesn't begin to describe it. Was only a defacto partner. Serious mental health disorder clinically diagnosed. 3rd time she's lost her license in 3 years. Always continues to drive without penalty.

My sons safety is of the utmost importance. Getting authorities to do anything is my problem. No matter how much evidence I provide they can't be bothered. They've told me I shouldn't worry she'll no doubt get caught one day. This comes from the people that are supposed to keep us safe.

Even when she was caught the mandatory penalty as I've read in the road traffic act suggests a mandatory penalty of 2.5 years complete loss of license and the removal of the minor from the offender. It also mentions a mandatory 6 month jail sentence. If these are the laws I can't see how they can be implemented or ignored by a public officer who's job it is to uphold these laws.

If her license had been properly removed then there wouldn't have been an accident endangering my son. I've already approached several media forums and one showed only minor interest. I'd like the law to be upheld and my son to be safe with the only parent he has that loves him and provides for his attachment needs. His mothers negligence towards raising him is disgusting. Her son from a prior marriage left her completely at 15.

My son asks me at age 6 why is it dad that you love me so much and mum doesn't. From a 6 year old. I don't know how to answer that.