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Statute of limitations question

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Justin40 View Drop Down
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Joined: 15/December/2017
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  Quote Justin40 Quote  Post ReplyReply Direct Link To This Post Topic: Statute of limitations question
    Posted: 15/December/2017 at 17:59

12 years ago I was getting ready t move to china from QLD. and the night before I left I went out, and got a DUI 0.06. Stupid i know. I got a fine and a court date. But becuase i was leaving to move to china i forgot about it. I have no other legal issues. But now 12 years later i want to move back to australia. Will I be in trouble? for not going to court? not paying the fine?? what is the statute of limitations?

Edited by jaazzz - 15/December/2017 at 22:22

jaazzz View Drop Down
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 15/December/2017 at 22:23

Justin..

I have started a new thread for your question.. You posted on the end of a very old thread
Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 16/December/2017 at 00:02
In Australia there is no statute of limitations on criminal offences. But for an offence of just over the limit from 12 years ago, there will not be a swat team waiting for you at the airport but there will be a record of your offence somewhere.

12 years ago it may or may not be an electronic record. So if it is electronic and you bring yourself to police notice for something else. eg speeding, littering, failing to move on or even DUI, expect to go to court for both offences. If it is an old paper record, it may be lost in the system, never to be found again.

NotGuilty View Drop Down
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  Quote NotGuilty Quote  Post ReplyReply Direct Link To This Post Posted: 16/January/2018 at 15:57
Originally posted by citizen-joe

In Australia there is no statute of limitations on criminal offences.

That is only true for indictable offences.

Summary offences do have limitation periods. For example, in the ACT it is 12 months and in NSW it is 6 months.
This post does not constitute legal advice and cannot be relied upon.

citizen181 View Drop Down
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  Quote citizen181 Quote  Post ReplyReply Direct Link To This Post Posted: 16/January/2018 at 19:45
Just to clarify the above point, the time limits are applicable to how long the Police have to bring charges after an offence has been committed. In the OPs case charges had been brought and a court appearance set.

What is likely to have happened is the Court would have rendered judgement in absentia. If a fine was imposed it may still be recorded on your permanent record and the applicable fines recovery unit may at some time seek payment, including any additional penalties for late payment. This is more likely if you seek a new drivers licence and your details are matched to the existing record. If a driving suspension was ordered it would be considered served.

It is unlikely that the court held this charge over pending your return to Australia, which for you is a good thing as fines for these types of offenses have increased markedly in that time. There is no statute of limitations for the collection of fines.

Edited by citizen181 - 16/January/2018 at 19:47

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