Key Takeaways
- Driving while your licence is suspended or disqualified is a serious offence under Victorian law.
- The offence may arise from suspensions imposed by the Court, police, VicRoads, or Fines Victoria.
- Penalties for this offence can include fines, extension of suspension periods, community corrections orders, and potential imprisonment.
- Defences against the charge may include a reasonable mistake or unawareness of the licence status.
- It's important for individuals charged to seek legal guidance and to know that appeals must be filed within 28 days.
Driving while your licence is suspended or disqualified is a serious offence under Victorian law. This guide provides an overview of the offence, legal implications, possible defences, penalties, and steps to resolve disputes effectively.
What Does It Mean to Drive While Suspended or Disqualified?
The offence occurs when an individual operates a vehicle despite having their licence suspended, cancelled, or disqualified. These restrictions may be imposed by:
- The Court: Following a legal proceeding.
- Police: For immediate suspensions, such as drink-driving offences.
- VicRoads: For accumulating excessive demerit points or non-payment of fines.
- Fines Victoria: For unpaid fines or infringement penalties.
Understanding Suspension, Cancellation, and Disqualification
- Licence Suspension: A temporary prohibition from driving for a specified period. Your licence is reinstated automatically at the end of the suspension period.
- Licence Cancellation: Your licence is revoked, requiring you to reapply through VicRoads or the court.
- Driving Disqualification: A ban from driving for a set period, regardless of whether you currently hold a licence.
Steps to Take If Charged with Driving While Suspended or Disqualified
Preparing for Court
If charged with this offence, it is important to act promptly:
- Understand the Charge: Review the “Details of the Charge” section in your charge sheet to understand the evidence against you.
- Burden of Proof: The prosecution must demonstrate that you drove a vehicle while your licence was suspended, cancelled, or disqualified.
- Seek Legal Guidance: Legal aid or professional representation can help you prepare a defence.
For comprehensive advice, visit Victoria Legal Aid – Going to Court for Traffic Offences.
Your Options in Court
- Plead Guilty: A guilty plea may lead to more lenient penalties.
- Plead Not Guilty: Contest the charge if you believe it is unjust. A contested hearing will require you to present evidence and arguments in court.
Defending a Driving While Suspended Charge
Possible Defences
- Reasonable and Honest Mistake: Demonstrating that you genuinely believed you were permitted to drive. The magistrate will assess whether your belief was reasonable under the circumstances.
- Unawareness of Suspension: If you were unaware of the suspension, you may receive a not-guilty verdict. However, the court may still enforce the original suspension period.
Penalties for Driving While Suspended or Disqualified
Fines
- Standard Offence Penalties: Up to 240 penalty units (approximately $44,000).
- Fines Victoria Suspensions: Lesser fines of up to 10 penalty units (approximately $1,850).
Licence-Related Penalties
- Extensions of your current suspension period.
- Cancellation or additional disqualification of your licence for a designated period.
Imprisonment
Severe cases may result in a custodial sentence of up to two years.
Vehicle Sanctions
Repeat offenders or those involved in hoon-related activities may face vehicle impoundment or immobilisation.
Community Corrections Orders
Courts may impose community-based orders as an alternative penalty, requiring offenders to perform unpaid community work or attend behaviour programs.
Broader Implications of a Guilty Finding
- VicRoads Driving Record: Offences are recorded on your driving history and may impact future licence applications.
- Criminal Record: Serious cases can result in a criminal conviction, affecting employment and travel opportunities.
For more information, visit Victoria Legal Aid – Traffic Offences.
Appealing the Court Decision
If you believe the court’s decision was unfair, you can lodge an appeal:
- Timeframe for Appeal: Appeals must be filed with the County Court of Victoria within 28 days of the decision.
- Risk of Increased Penalty: Be aware that the court may impose harsher penalties during an appeal.
- Seek Legal Advice: Professional guidance is essential to assess the risks and potential outcomes of an appeal.
Key Legislation
- Road Safety Act 1986: Governs offences related to driving while suspended or disqualified.
- Sentencing Act 1991: Details penalties and sentencing for offences.
Resources and Support
- Victoria Legal Aid: Provides free legal information and advice.
- Fines Victoria: Assists with fine payments and queries about licence suspensions.
- Federation of Community Legal Centres: Connects individuals to community legal centres for additional support.
- VicRoads: Provides information on suspension status and driving offence records.
Let Pentana Stanton Lawyers Help You Address Driving Offences
Driving while suspended or disqualified carries severe legal consequences, including fines, imprisonment, and long-term impacts on your driving record. At Pentana Stanton Lawyers, our experienced legal team can guide you through the process, provide expert advice, and help you achieve the best possible outcome.
Visit our website today to learn more about how we can assist with traffic offences. Let us provide the expertise and support you need to navigate these challenges effectively.
