Appealing demerits

[oscarnz]

A few months back I got pulled over on the ATNR for overtaking on double yellows or summat. I was already over my demerits at that point, and was waiting for the knock at the door to take the license.

So of course Mr Plod discovers this and takes my license. He also wrote out $1000 and 85 demerits worth of tickets.

Now apparently, when I get my license back, I will have 85 demerits back on my license, and will have to go a whole 2 years without getting a single ticket - which is impossible, especially if you get a cunt who pings ya for 112 on the motorway or something.

So wondering If I can appeal the points - they shouldve been added to my license before It was taken:

The offense took place before the notice was issued.
The tickets were written before the notice was issued.

How Is one meant to reform there ways when the system keeps fucking them in the arse?

Do I have grounds for an appeal?

cheers,

Pete

PM sent, let me know if I can help

[McDuck]

I can do almost 2 years without a ticket. As in 1 year 11 months and 2 weeks. Gutted.

[Mully]

A few months back I got pulled over on the ATNR for overtaking on double yellows or summat.
He also wrote out $1000 and 85 demerits worth of tickets.

So, probably a bit more than overtaking on double yellows......

T'any rate, I'd argue the point. You had (physically had) a licence at the time the offences were, umm, offended.

But how can he give you demerits if you (technically) don't have a licence at the time for demerits to be tagged onto???

I guess the cop was just having a bad day. Sounds plausible enough to be possible I guess.

[McDuck]

Did you get done for no licence at the time? While you may end up with more worth the risk arguing that because you didnt get pinged for no licence (or drivin while disqualified) then the tickets were issues on the licence you had then.

[scumdog]

But how can he give you demerits if you (technically) don't have a licence at the time for demerits to be tagged onto???

I guess the cop was just having a bad day. Sounds plausible enough to be possible I guess.

You can keep getting demrits as long as you keep offending - even if over 100 demerits, that's why you hear of people with 245 demerits.

Until their licence gets plucked they can still ride/drive - and get demerits.

Once it's been plucked from their sweaty little hand it's a different story...

[Ixion]

It is not an offence to keep driving, until a law officer or officer of the court takes your licence card.

The 3 month suspension (I think it'[s a suspension not a disqualification) purges all points. The question is , when is the cutoff for that purge? The date the licence is collected? Or the date that the total originally went past 100 points ?

It's an interesting question.

[vifferman]

I kinda know how you feel, pete, as I'm currently sitting on 70 points, and feel rather paranoid whenever I go out on the road. However, it IS possible to not get tickets. I rode/drove for tthirty years without even so much as a parking ticket. Some of that was more good luck than good managment, but it is possible.

I still think that there is far too much of a focus on enforcing speed limits than on safety. If the Gummint put more effort into the enforcing other road rules and on the other two prongs of the "Enforcement, Education, Engineering" mantra, maybe travelling on the roads would be less irritating.

[jim.cox]

You can keep getting demrits as long as you keep offending - even if over 100 demerits, that's why you hear of people with 245 demerits.

I may very well be mistaken but...

From a bried perusal of the legislation

It would appear that demerit points dont actually disappear after time

They are only ACTIVE and count towards suspension for a couple of years

But they hang around ad infinitum

Perhaps the gentlemen of ecilops might care to confirm?

[Ixion]

I went for over forty years without a speeding ticket (couple of no WoF ones way back, like 40 years ago. Actually before they had TONs , everything was done by summons).

Then got pinged two years running. Infuriatingly , both times in a cage, both times for trivial overages (115 in a 100 and 69 in a 50). And both times I'd left hector behind , cos I was "only going down the road". Infuriating, because I am actually more of a nan in a car than on a bike - it just doesn't offer the opportunity so to speak. Dunno if I'm less vigilant in a cage than on a bike , or what.

[Disco Dan]

my last lot of tickets from about 3 track days ago is still being paid off slowly.. . waiting for my first lot of points to expire before paying off the tickets.. that way i keep my license

[scumdog]

my last lot of tickets from about 3 track days ago is still being paid off slowly.. . waiting for my first lot of points to expire before paying off the tickets.. that way i keep my license

Uh, you may need to check up on your theory..

(After all how can a spotty oik with 175 demerits get them without having paid off a single ticket??)

[Gremlin]

What "should" happen is that all fines are paid for prior to license removal, and they should all be included in the disqualification, ergo, clean license when you get it back.

However, there is a delay between them being properly recorded on your history, and when LTNZ serves letter. If they pull the details before the points/fines are loaded onto your profile, its foreseeable that they won't be included. Technically they should I think.

Best you speak to someone in LTNZ, as thats the only way to resolve it. As you probably know, the courts do not suspend your license, the LTNZ do.

[KiwiRat]

This is a common lunchtime discussion at work. All correct answers are available from the person who answers when you dial this number0800 822 422

[Tank]

This is a common lunchtime discussion at work. All correct answers are available from the person who answers when you dial this number0800 822 422

you are new here so I will let you off.

But please remember in future - KB is all about wild ass uninformed answers by bush lawyers. Please don't go posting helpful or accurate advise again.

[Tank]

This is a common lunchtime discussion at work. All correct answers are available from the person who answers when you dial this number0800 822 422

Just to check KiwiRats mad Idea - I called them for you.

Long answer short - yup - you got another 85 demerit points for the next 2 years.