Question re a licence cancellation Victoria. Its for my daughter. Nothing so far. Is there a fee for this chat

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Customer: Second Opinion] question re a licence cancellation Victoria JA: Have you talked to a Victoria lawyer about this? Customer: no JA: What steps have been taken so far? Customer: Its for my daughter. Nothing so far JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you. Customer: is there a fee for this chat

Answered by Leon in 2 hours 8 months ago

Leon

10+ years of experience

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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Leon

47246 Satisfied customers

10+ years of experience

Leon

10+ years of experience

47246 Satisfied customers

Lawyer's, Assistant

116 Lawyers are online right now.

Leon, Expert

Good Evening

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question. I wish to thank you for taking the time to speak with me today. Your question is important to you and it also is too me. I understand how you feel.

Why has she had the licence cancelled?

Customer

Do you know law in Victoria ?

Customer

12 demerit points lost

Leon, Expert

Yes I do.

Has she been issued with a demerit option notice?

Customer

she's been issued with a letter from vic roads to say she will lose licnece for 3 mths

Customer

here's my question but its Vic law not Nsw ....

Customer

its a demerit points notice, she can extend it for 12 mths but if she does she cant incur even one point loss or will lose license for 6 mths not 3

Customer

She's a Dr

Customer

are you there ?

Leon, Expert

The laws are similar.

The letter should also give her the right to extend the demrit period

Demerit point option notice

A demerit point option notice is a letter that sets out two options for you to choose from:

accept your licence suspension and stop driving for the suspension period, or

keep your licence or permit but do not get any more points (or lose your licence for any reason) for the next 12 months.

If you do not reply to VicRoads within 21 days, they will suspend your licence. The date that the suspension starts is written on the demerit point option notice.

VicRoads will send a reminder two weeks before the suspension period starts.

The VicRoads website has more information about what to do if you are issued with a demerit point option notice.

https://www.legalaid.vic.gov.au/find-legal-answers/traffic-offences/possible-outcomes-for-traffic-offences/demerit-points

Alternatively she can get the fine reviewed

Getting the fine reviewed

If you don’t believe you should have been fined for the offence that led to the demerit points, you can write to the agency that issued the fine to ask for a review. If the agency withdraws the fine, you won’t get demerit points. The agency cannot review your fine if it was for a drink-driving, drug-driving or excessive speed offence. It may also be possible to seek an enforcement review of the fine from the Director of Fines Victoria. If the director cancels the enforcement of the fine, then any demerit points added to your driver’s licence for that fine must be removed. If the agency then decides to issue a charge and summons for the offence, then the points will be added again if you are found guilty of the offence in court.

The laws are the same in all states.

These are her options.

I appreciate and thank you for your patience in this matter. I hope this has answered your question and put your mind at ease. If you have any other questions do not hesitate co contact me. Otherwise, it was my pleasure to help you today, and I thank you for chatting with me.

Thank you for using Justanswer and chatting with me today. I look forward to assist in the future as required.

Regards
Leon

Customer

Thanks. She won’t contest any of those matters. My main question is She’s been told by friends that if she extends for 12 mths but gets demerit point she can nominate a friend to take that point so she doesn’t lose licence. But to be clear she would be the driver & person nominated would not be driver. She would be making false statement on her nomination therefore. I am extremely concerned

Customer

I gather that making false statements on nomination form is a criminal offence ? This could affect her career as a Dr down the track

Customer

I need to be able to give her clear advice from a lawyer about risks of doing so. Is my question clear to you ?

Leon, Expert

Good Morning

If she was the driver and nominates another party that is fraud. It can be done but it is fraud.

You are correct it is a criminal offence.

If the friend denies it then she has worse issues.

I hope this is clearer.

Regards

Leon

Customer

thanks that confirms what I thought. Another Q - does doing the 3 mth suspension make her points start from zero again or do they just continue and drop off over time as before ?

Leon, Expert

She gets her licence back and the points become inactive

After your suspension or disqualification period is over, the demerit points become 'inactive' on your driver record.

https://www.vicroads.vic.gov.au/licences/demerit-points-and-offences/about-demerit-points

If she is ever taken to court her record will show everything it is not wiped

I hope this is clearer.

Customer

Thanks Do the points also become inactive if she opts for continuing to drive for 12 mths

Customer

going back to your earlier point post 3 mth suspension what does inactive mean ? How many points is she sitting on then - 12 or zero ?

Customer

Hi just seeing if you’re available to reply to my last 2 questions ? I need to get back to my daughter because of time urgency. Thanks

Leon, Expert

She has one point if she opts to drive for 12 months and any infringement she loses her licence.

After the 12 months they become inactive.

Customer

if I understand you correctly whether she does 3 mth suspension or 6 mths then at end of that period all her previous points are inactive and effectively starting at zero again ? Thanks

Leon, Expert

yes that is correct

Customer

Thanks very much for your help. Was very useful. I will give you a high rating.

Leon, Expert

You are very welcome and if I can be of further assistance you can elect to have me answer

Take care and have a great and safe weekend

Regards

Leon

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