Insurance Policy Question - Cancelled Driving Licence

Hi all, long time lurker first time poster. I have a question I cannot figure out the answer to.

I recently got done for Drug driving at a random breath/drug test. Passed the alcohol test but still had MDMA in my system from the night before it seems. Going to court and through all the hoopla in the next few months.

Questions - I want to renew my Insurance and my driving record is good. Full points and no accidents etc. But it does ask if you have had any drug driving or cancelled licence in the last X amount of years.

Technically I haven't been sentenced or found guilty. If I renew my insurance now - before I receive the verdict can I select No and keep the same insurance after I find out what happens at court?

Do I have to call them and let them know?

I've done a few quotes selecting yes vs no and it jumps up quite considerably so hoping to get clarification on this. I asked my lawyer but he didn't know.

This is ACT.

Thanks,

Comments

  • +13

    Check your documents, one of mine says: if any of this information changes during your period of insurance, you must tell us as soon as reasonably possible. The risk being not telling them and having a claim declined. Also something that isn't widely known - you're screwed for the next three years, basically uninsurable. You won't be able to purchase a new policy and will struggle to get a renewal for a reasonable price. You may have to consider TPP for the next three years.

    • And… your licence cost will go up at your next renewal.
      And expect a lot more "random" stops.

  • +4

    You need to tell them straight away. Failure to do so at renewal is technically insurance fraud.

    Of course it jumps up, you're classed as a higher risk than someone that doesn't take drugs & drives.

  • +5

    "Your Honour, I have an insurance policy question"

  • +6

    Between this site and travelling on public transport I encounter people that are normally outside my standard sphere.

    • +1

      Sounds like OP will fit both those categories soon.

      • Yup, yup, yup.

        I was on the tram the other day and the guy opposite me makes a phone call to find out if he could do community service that involves knitting in an office somewhere. He said removing graffiti with a group triggers his drug problems and that he doesn’t get on with other people. After the call he explains to his mate that he creates graffiti not removes it. By the time I got off he was teaching his mate a particularly vile statement in pig Latin. All of this done on the tram at the top of their voices and heavily laden with the “c” word. How do people get to the point where they think this behaviour is normal?

  • +2

    I recently got done for Drug driving at a random breath/drug test.

    Don't take this wrong, your language here is part of the problem. You didn't get done, you did this to yourself.

    • -1

      I certainly did not drug test myself Lord fart bucket.

      • +3

        Maybe you should have. You perhaps would have thought twice about driving?

        • Oh absolutely. An expensive lesson to learn and one that has dampened slightly my absolute love for drugs.

          Luckily, I have found Saliva tests are relatively inexpensive so use them after a big night to make sure im OK as re-offending would have very severe penalties.

  • +2

    A bird in the hand is worth two in the bush. If you can do it, get the insurance renewal in the bag before you have to declare you have a drug driving conviction. An insurance company is more likely to refuse to renew your insurance if you haven't yet renewed it than they are to cancel it if you already have renewed.

    You need to read your insurance documents to see if you have to declare charges or only convictions. Perhaps you could anonymously ring them and ask. If its only convictions you could always argue that with no other convictions and no accidents there was a possibility the magistrate would not record a conviction.

  • I recently got done for Drug driving at a random breath/drug test.

    Nekt minit

    my driving record is good

  • Going to court and through all the hoopla in the next few months.

    Why court? Isn't court only if you want to defend the fine that was given to you when they pulled you over?

    • +2

      In ACT (among other places) drug drivers are required to appear before the court, similar to those who ‘drink and drive’.

      • What do they do in other states?

        • You're in ACT so perhaps a 6m DQ but no prison term. Here's a good summary of Australian RDT laws with penalties on pages 6-7

  • Full points? Does this mean you have accumulated the 12 demerit points? Normally a clean record means you would have zero points!

    • It's the old "lose your license by gaining points". A lot of people think you have points and you lose them.

      • Yep - no Demerit points lost in last few years. IE - I have 12 points (chances?) to lose my license

  • What are the price differences in quotes with and without the conviction?

    • 300-500 a year depending on insurer.

      About 1000 over a few years (I plan on keeping the car)

  • I dunno if any of you have renewed your car insurance recently, however I never got asked if I do drugs….
    I did get asked if my licence was suspended in the last 3 years.
    If OP doesn’t get his licence suspended, I don’t see why there would be any change to his policy.
    It would be just like a speeding ticket, which I’m sure none of you call up your insurance company and tell them.

  • you are correct. minimum punishment (I think) is loss of license and a big fine.

    How severe the punishment depends on the magistrate on the day and how good my lawyer is.
    Obviously other factors come into play like it being a first offence, good record etc.

    My lawyer told me they are being particularly harsh on drink driving and not to severe on drug driving atm so will see.

    • not to severe on drug driving

      Lmao if you say so

      • If you think about it it makes sense.

        Drugs are de-criminilised here. Weed is legal and can be detected for up to 30 hours after use.

        Alcohol impact on the driver can be measured (BAC). Drugs cannot. Individual cases/circumstances are going to play a big role case by case. The police report will play an important role, someone who can't walk for example is going to get a harsher penalty than someone that seems unaffected.

        But like I said, depends on the magistrate on the day. Someone may be high AF and drive a truck into a family of 4 (lets pray that doesn't happen) and I rock up to court the next day and get dragged over the coals.

        • +2

          I'm in NSW. Many years ago i fought a parking fine in court (wrong day, wrong offense - yes, it was dismissed).
          First up were all the folk with lawyers. I must have seen a dozen. Not one got off lightly. Didn't matter what the offense was, speeding, under the influence, mobile phone… all were the penalty imposed plus court cost.

          Was a fun day. Eye opening.

          • @Lord Fart Bucket: I have not been told anything about court costs. I am not choosing to fight this, in fact my lawyer recommended pleading guilty and I will do so. I still have to go to court however whether I fight it or not.

            My friends have given me lots of weird (and probably useless advice) like "say you were spiked" and my personal fav , say "you panicked and swallowed the dr*gs when you got pulled over". The thought process being drugs use is a misdemeanour and they can't prove you were driving on them.

            I just listen to the lawyer.

            • @Oceangreat:

              I just listen to the lawyer.

              Smart thing to do.
              Reading the ACT website, you'll (likely) be suspended, you'll need to complete an alcohol and drug awareness course and you'll need to provide evidence of that and then be able to go onto your probationary license?

            • +1

              @Oceangreat: And one bit of advice… speak to your lawyer in relation to what to say if/when the judge asks why.

              I witnessed a guy saying he went for a ride to clear his head as his dad had just died and didn't realise he was going 40kph over the limit… the emotions got to him.
              The judge scolded him for going out for a drive in such an emotional state.

    • +1

      It’s going to be an expensive lesson for you either way. Lawyer costs, court costs, fine, loss of licence (probably) and probably increase in insurance. Good luck.

  • +2

    The insurance won't cover you while you are suspended anyway. May as well cancel the insurance for the duration and save even more.

    • Good point!

      • Buit I reckon you're fine until your court decision. In my case I got issued a DQ for speeding but elected not to contest in court. It took three months after the offence for the DQ paperwork to arrive, so I drove until that point.

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