WA Drivers Licence Suspended - What to Do?

[Kasey.12]

Hi there, no problem. This is my experience, at a small magistrates court south of perth, so not sure what its like at the other courts, but I would imagine the process being quite similar. I arrived at the court house about 20 mins before my scheduled time, a lady dressed like a security guard (I don't know what her official title is) was standing in
front of the courtroom and directed me to someone inside the court room who ticked my name off the list that I was there. I then proceeded to the waiting area which was pretty packed. I think they were running behind a bit on the day, we waited probably another hour before they started calling people in. They called about 6 or people in at a time (the court room is not very big, but you can go in with your partner if he wants). I ws probably in about the 4th or 5th group of people. So a pretty long wait. You then have a seat and the judge will then start with the case. They call you forward to sit down. There are a few other people in the court doing their courty jobs. Typing things and what not. Being official governmenty people. There is also someone from the dept of transport i think and a police officer. Everyone was there for a traffic offense, so they group these together. The judge will look at your offense, and the details of the case.The judge will ask you if you want to say anything. I prepared some paper work which one of the courty people took from me to hand to the judge. Any yes or no questions you say "Yes your Honor" or "No your Honor". If you want to verbally explain something to the judge you can. But I had all my statements written down. The judge might ask you a question or two before she makes her decision. And that's that. You then sit down on another chair while they prepare your paper work. Which is your court outcome and displays what you need to pay (you have 28 days to pay). Honestly, it's not that scary. But the outcome willl depend on your evidence, the judge, etc. I did not hand the forms in prior to attending, and no one asked me for them on the day, but it might be a good idea to do it anyway.
How did your partner lose his license, and is it his first offense? Was it just from demerits, or DUI?

Thanks very much Peanutbutters! What did everyone wear to court? I reckon you are also watching other offenders explain their situation?
My partner lose it due to demerit points and its his first offence..
Im not hopeful about it but would like to give an explanation.. afraid of imprisonment? Did u give your statement to the judge or just read them out? And if they ask if u plead guilty first before letting you have a verbal explanation?

 

[Peanutbutters]

Oh yes, i forgot about that. You plead guilty or not guilty first and then you can explain. If you hand a written statement in, you do not need to read it. Make sure if you do have a written statement that you use correct formatting. Google examples of court letters. I forgot to ask, are you in WA? As the laws are different in every state. But in WA, the minimum would be 9 months suspension and $400, plus court costs. If he does everything right and apologises, he will probably get this, but you wont know until the judge decides.
Generally it is expected that you dress neatly, like you would for a job interview I suppose, but I saw many people dressed very casually, it says no thongs but this chick was wearing her gym gear and thongs and they still let her into the court. I would say it depends on the judge but generally you want to make the impression that you are taking this seriously. If this is his first offense I think going to prison is very unlikely. But he needs to make sure he does not drive at all until his suspension is lifted, as getting caught a 2nd time will get him into big trouble.

Yes you listen to other people's cases, unless your first up, because when you're done you get to leave within a few minutes. It sounds daunting but you will find everyone is probably as nervous as you are and some people are there for repeat offenses so it's not like you're the only naughty person in the room.

 

[Kasey.12]

Oh yes, i forgot about that. You plead guilty or not guilty first and then you can explain. If you hand a written statement in, you do not need to read it. Make sure if you do have a written statement that you use correct formatting. Google examples of court letters. I forgot to ask, are you in WA? As the laws are different in every state. But in WA, the minimum would be 9 months suspension and $400, plus court costs. If he does everything right and apologises, he will probably get this, but you wont know until the judge decides.
Generally it is expected that you dress neatly, like you would for a job interview I suppose, but I saw many people dressed very casually, it says no thongs but this chick was wearing her gym gear and thongs and they still let her into the court. I would say it depends on the judge but generally you want to make the impression that you are taking this seriously. If this is his first offense I think going to prison is very unlikely. But he needs to make sure he does not drive at all until his suspension is lifted, as getting caught a 2nd time will get him into big trouble.

Yes you listen to other people's cases, unless your first up, because when you're done you get to leave within a few minutes. It sounds daunting but you will find everyone is probably as nervous as you are and some people are there for repeat offenses so it's not like you're the only naughty person in the room.

yeap im in WA! your information is really helpful.. thank you very much. Did you read out your statement or explain it verbally? And what does "does everything right and apologises" mean? do you reckon he should jus apologize and dont explain too much?

 

[Kasey.12]

oh and do you mind if you can please show me the format that you use for your statement? thanks

 

[Peanutbutters]

I mean, if he wants to please not guilty he could, depending on the reason, but in that case, he should probably get a good lawyer...

If he's just pleading guilty and apologising he could explain the situation to the judge, in a few sentences, or write a letter. Keep it no longer than a page.

By doing everything right I mean, yes, dressing neatly, being respectful, saying sorry, not getting in any more trouble. Also maybe get a character reference. In his letter he can explain the reason why he drove, but pleading guilty also means owning up to it, so he can say yes he's very sorry but he did not mean for it to happen and won't do it again.


Here are some helpful links.

https://www.sydneycriminallawyers.com.au/criminal/resources/letters-of-apology/
https://www.legalaid.wa.gov.au/sites/default/files/inline-files/References_for_court.pdf
Do's and Dont's when writing a Character Reference for Court - Pragma Legal


Is losing his license affecting his employment if he is employed?

I hope this has helped, but if you are unsure about anything seek legal help.

 

[Kasey.12]

I mean, if he wants to please not guilty he could, depending on the reason, but in that case, he should probably get a good lawyer...

If he's just pleading guilty and apologising he could explain the situation to the judge, in a few sentences, or write a letter. Keep it no longer than a page.

By doing everything right I mean, yes, dressing neatly, being respectful, saying sorry, not getting in any more trouble. Also maybe get a character reference. In his letter he can explain the reason why he drove, but pleading guilty also means owning up to it, so he can say yes he's very sorry but he did not mean for it to happen and won't do it again.


Here are some helpful links.

https://www.sydneycriminallawyers.com.au/criminal/resources/letters-of-apology/
https://www.legalaid.wa.gov.au/sites/default/files/inline-files/References_for_court.pdf
Do's and Dont's when writing a Character Reference for Court - Pragma Legal


Is losing his license affecting his employment if he is employed?

I hope this has helped, but if you are unsure about anything seek legal help.

Thanks very much!

 

[Kasey.12]

I mean, if he wants to please not guilty he could, depending on the reason, but in that case, he should probably get a good lawyer...

If he's just pleading guilty and apologising he could explain the situation to the judge, in a few sentences, or write a letter. Keep it no longer than a page.

By doing everything right I mean, yes, dressing neatly, being respectful, saying sorry, not getting in any more trouble. Also maybe get a character reference. In his letter he can explain the reason why he drove, but pleading guilty also means owning up to it, so he can say yes he's very sorry but he did not mean for it to happen and won't do it again.


Here are some helpful links.

https://www.sydneycriminallawyers.com.au/criminal/resources/letters-of-apology/
https://www.legalaid.wa.gov.au/sites/default/files/inline-files/References_for_court.pdf
Do's and Dont's when writing a Character Reference for Court - Pragma Legal


Is losing his license affecting his employment if he is employed?

I hope this has helped, but if you are unsure about anything seek legal help.

Hey peanutbutter,
Just confirming this. Did you not do anything when you receive the court notice and just attend it without replying the letter? Im jus abit concern as my partner now thinks he may have to fill up page 2 and tick "attending court" ?

 

[Peanutbutters]

I didn’t, I just showed up on the day, but perhaps he should just do it anyway, how long until court ?

 

[Kasey.12]

I didn’t, I just showed up on the day, but perhaps he should just do it anyway, how long until court ?

in a few days! thats why im panicking as he re-read the letter and now thought he might have to reply to tell the court that he is attending.
good to hear u didnt reply the letter and attend it anyway! thanks very much!