Should I argue it in court?

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Originally Posted by Eevo

ive been to court 5-6 times, all for traffic matters, did my research and defended myself (but i dont recommend defending yourself) and won all my cases.

ive never seen someone plead guilty and provide an explanation and have the case dismissed. its always guilty with a fine (can be min) and recorded conviction.

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when I say thrown out I mean in the sense of a good behaviour bond slap on the wrist:) yes still recorded....i have seen people get off with out a fine and only had to pay court costs..
Not saying this is what will happen and I'm no expert just saying what I have witnessed:)

the fact is if he was caught in an unregistered car he has broken the law. so no sense pleading not guilty if those are the facts because unless he can actually prove he wasnt driving said unregistered car I dont see how he can plead any other way if contesting in court..

From an (ex) police point of view, every time you jump into the car it is the responsibility of the driver to make sure the vehicle is road worthy each time you drive it. That includes making sure the vehicle is registered. Although having said that people get off at court for just about everything when they are dead guilty - case in point is Mathew Newton.

If you have rego paperwork in your name stating 12 months rego (eg still covered) then take that with you and plead not guilty as you did not intend nor could be reasonably expected to know it was not fully registered as per paperwork.

I would even suggest you try and make an appointment with police proecutor to speak with them and tell them all the facts...this may make things easier for you in court as they wont think youre trying to pull a fast one etc and may even give you some points of advice as to what you need etc. (You are not saying they (the police) are wrong, but that you have been dealt with dishonestly by the dealer causing you to be in this situation.)

You can also submit a STAT DEC to prosecution stating you didnt recieve any such letter (rego) and they may make enqs with rego mob to see who the notice was posted to and when etc. (better of course if you can submit the stat dec and copies of the paperwork/notesfrom rego mob if possible,)

if nothing else its extenuating circumstances, and worth a shot I reckon, but in the long run technically you did break the law! (I think if you can produce the original rego papers, ads etc you have a good chance)

I'd contest

Minimum penalty for drive unregistered was $250 plus court costs.... Last time I contested the same charge;)

I'd contest as well and go to court with the rego papers. Unless they sent the cancellation to you via registered post then you can't be expected to know for certain that your car is unregistered as your documentation says it is registered.

Fight the bastards!

fight em or smear em, news mobs are fond of dodgy car dealers

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Originally Posted by 1976_michelle

fight em or smear em, news mobs are fond of dodgy car dealers

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Exactly, I'd be ringing Today Tonight or A Current Affair, they're always on the lookout for stories like that, I reckon you'd get a huge apology with offers of compensation about five minutes after the dealership received a phone call from either of these shows.

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Originally Posted by chris_mack

It was unregistered before I bought it, so I bought it with brand new plates, brand new rego sticker, transferred into my name etc. I never had to go to vicroads at all the rego document had my name printed on it. Really how many people in that situation would think "hmmm looks fishy I better double check it!"

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Considering this, I think you would have a good case. I would take Diggers advice, and see if you can speak with the police prior to going to court.

There is no point going to the dealer to get them to pay the fine, as I suspect you will also be gaining (or loosing) demerit points from your licence. So, in order to avoid this, you will have to go to court.

If you are in the RACV, they should have a members legal department that may be able to give you some advice over the phone. I have used the RAA one, and it is free.

The only sticking point that I can see, is where did the letter from VicRoads go? Do they have to supply proof of delivery, or only proof of postage? Not sure on this one.

BUT - you have an official document stating your rego is paid, and transferred into your name. You have a current rego sticker, and you have new plates.

What I find strange is, how did the dealer get all this, when they obviously underpaid the stamp duty??? Not knowing the internal workings of VicRoads, it all is rather confusing, really.

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Originally Posted by digger

I would even suggest you try and make an appointment with police proecutor to speak with them and tell them all the facts...this may make things easier for you in court as they wont think youre trying to pull a fast one etc and may even give you some points of advice as to what you need etc.

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this too. in SA most of the prosecutors ive spoken to are great. its not personal to them, its just their job. they may be willing to withdrawn the charge to save everyones times.

the stat dec idea is good. not needed as you affirm in court, but it shouldnt hurt.