VIC Disqualified in WA but hold a Vic licence

[Brenno]

[Hi all,

I have just been charged with drink driving while on a weekend trip to WA. I reside in Victoria and hold a Victorian drivers license. I received an immediate disqualification for two months and was told I will receive a court summons where I believe a minimum 7 month disqualification will be imposed based on my reading. This is also my first offence.

My questions are:
1. Am I currently disqualified from driving in Victoria or only if I receive notice from Vic roads?
2. What are my options for my court summons as I am unlikely to be able to attend court in WA but want to state my case and situation in the hope I get minimum disqualification period and perhaps no conviction recorded.

Whilst I am hopeful I can still drive in Victoria unless I receive notice from Vic roads,I do not want to make the situation worse so would only do so if this was fully legal and would not have any repercussions if I did get stopped by Victoria police.

Appreciate your advice

 

[Clancy]

cant you check your points online? or simply call the motor registry?
But honestly, it is police that pull you over, so call the local police station and explain your license was suspended in WA but you have not yet received any follow up from Vic roads yet and see what they say?

 

[Brenno]

cant you check your points online? or simply call the motor registry?
But honestly, it is police that pull you over, so call the local police station and explain your license was suspended in WA but you have not yet received any follow up from Vic roads yet and see what they say?

Yes have checked my licence on Vic roads and no conditions applied so currently not disqualified. This may be just processing delays so will have to check every day I guess.

I have spoken with both WA police and Vic police and neither can give me a straight answer!

I think my best option is to consult a traffic lawyer but was hoping to hear from someone with a similar experience!

 

[Tim W]

1. Yes, your disqualification will operate everywhere in Australia.
These days, the various states' Motor Registries (by whatever name) all talk to each other online,
and there are national agreements about sharing data and recognising things like as suspension and disqualification.

2. So far as attending court is concerned, your personal convenience is not a factor.
You have three choices.

• Appear as directed; or
• Have a WA based lawyer represent you in your absence.
  (or, perhaps, have one make an application for you to
  attend on an alternate date); or
• Fail To Appear, in which case, you have the prospect of
  the matter being dealt with in your absence (if minor), or
  (if not minor) a warrant being issued for your arrest
  (which, yes, can be executed anywhere in Australia)
  

One last thing - no , there is no prospect of having
a WA offence of this type heard in Victoria.

 

[Clancy]

Yes have checked my licence on Vic roads and no conditions applied so currently not disqualified. This may be just processing delays so will have to check every day I guess.

I have spoken with both WA police and Vic police and neither can give me a straight answer!

I think my best option is to consult a traffic lawyer but was hoping to hear from someone with a similar experience!

Someone on this forum might help?

But i am not sure you can completely trust what is reported on the website? You have been informed your license is suspended, so will they accept what the website reports as an acceptable excuse to keep driving? That is the question?

 

[Brenno]

1. Yes, your disqualification will operate everywhere in Australia.
These days, the various states' Motor Registries (by whatever name) all talk to each other online,
and there are national agreements about sharing data and recognising things like as suspension and disqualification.

2. So far as attending court is concerned, your personal convenience is not a factor.
You have three choices.

• Appear as directed; or
• Have a WA based lawyer represent you in your absence.
  (or, perhaps, have one make an application for you to
  attend on an alternate date); or
• Fail To Appear, in which case, you have the prospect of
  the matter being dealt with in your absence (if minor), or
  (if not minor) a warrant being issued for your arrest
  (which, yes, can be executed anywhere in Australia)

One last thing - no , there is no prospect of having
a WA offence of this type heard in Victoria.

Thanks Tim,

Can I clarify-does the immediate 2 month disqualification apply in Victoria or are you referring to the inevitable disqualification that will be imposed by the magistrate at court? My limited understanding is that Vic roads will only suspend my licence once notified that a magistrate has imposed a disqualification period?

In terms of appearing in person, my wife is due our first baby in 12 weeks so I am incredibly concerned about going interstate closer to the time. In saying that, if that if my absence would likely result in longer disqualification period I may have to consider going.

I fully accept responsibility for my incredibly stupid actions and will follow whatever direction from the police and court-I'm
Just struggling to make sense of the direction!

 

[Brenno]

Someone on this forum might help?

But i am not sure you can completely trust what is reported on the website? You have been informed your license is suspended, so will they accept what the website reports as an acceptable excuse to keep driving? That is the question?

I have also called and the Vic roads guy said there was nothing on my licence as of yet. Said it can take some time to process but in the meantime I have a full licence.

The issue is I have been informed it's disqualified in WA but not in Victoria. WA police could not answer if it applied in Victoria.

 

[Clancy]

I have also called and the Vic roads guy said there was nothing on my licence as of yet. Said it can take some time to process but in the meantime I have a full
licence.

Ok well that seems like a clear answer, but still, it is a verbal conversation which is worth exactly zero. You can try asking the same question in an email, the answer is then solid evidence that will cover you absolutely.

 

[Brenno]

Thanks Clancy-I might try send them an email. Yes unfortunately nobody can or us willing to give me an official answer so leaves me very uneasy! If I can legally continue driving in Victoria until my court case I would like to but only if it's fully legal and won't make matters worse in the long term!

 

[Clancy]

Thanks Clancy-I might try send them an email. Yes unfortunately nobody can or us willing to give me an official answer so leaves me very uneasy! If I can legally continue driving in Victoria until my court case I would like to but only if it's fully legal and won't make matters worse in the long term!

Sounds good!