VIC High-range DUI - No Summons After 7 Years?

[Jamesh121]

In 2012, I received a 12-month immediate suspension for blowing .199 roadside and I was told that I would receive a summons in the mail by the police.

After waiting 12 months, I received no summons, so I walked into Vic roads and they reissued my license (the clerk looked pretty confused). I haven’t had any problems since then, and I’ve had an employer run a police check and they didn’t mention anything about it. The advice I got at the time was that the police only have 12 months to issue a summons for summary offences. Is there any possibility I’ve had a conviction recorded against me or am I just very lucky?

 

[Tony Danos]

It is true that they have only 12 months to issue a summons. Either you are extremely lucky (very rare) or they posted summons to you which was overlooked and a warrant was issued by the court hence it is still pending.

 

[Adam1user]

It is true that they have only 12 months to issue a summons. Either you are extremely lucky (very rare) or they posted summons to you which was overlooked and a warrant was issued by the court hence it is still pending.

Adding to Tony's comment, that it would be better to check if you have anything against your name, you don't want to risk it, that is what I would do. I am no lawyer but I do not want in the future something coming up at the moment when not needed, say doing other criminal check for a new job, or going to get something renewed etc... As the 12 months have passed, then I think that would come to your advantage and you not be summoned again, better ask a lawyer before you go in.

 

[Jamesh121]

It is true that they have only 12 months to issue a summons. Either you are extremely lucky (very rare) or they posted summons to you which was overlooked and a warrant was issued by the court hence it is still pending.

Thanks for your reaponse. If a warrant had been issued, how would I go about finding out? Would it show on my police check? I’ve had some interaction with the police since, reporting as a victim of a crime, would they have not seen I had a warrant then?

 

[Tony Danos]

Maybe. Check with any police station as all computerised.

 

[sammy01]

And all that time no fines? No rbt pull overs?

 

[Tony Danos]

Check with the police. It will take 2 minutes.

 

[Jamesh121]

And all that time no fines? No rbt pull overs?

Nope, no fines. I had an rbt earlier this year, but I've been sober for 7 years so obviously blew zero and I don't think they even looked at my license. I lived at the same address for 5 years after the offence so they knew where to find me if anyone was looking. I also worked as a security guard in 2015, so I had a lot of interaction with police and they took my details multiple times as a witness or victim. I would have thought if there was a warrant surely something would have come up then? I also had to have a police check for that job the employer didn't raise any flags.

 

[Jamesh121]

Check with the police. It will take 2 minutes.

I'm actually living overseas at the moment, otherwise I would walk into the station and deal with it. I guess it's not really something they would discuss over the phone?