Drive While Disqualified

Phil Simpson - Barrister

100+ 5 Star Google Reviews

Phil Simpson has been a Barrister at the Victorian Bar for over 25 years. During this time, he has appeared for thousands of clients in a wide variety of cases. Phil spends much of his time appearing in the Magistrates’ Court for people who have been charged by the Police for suspended or disqualified driving.

Phil has a thorough knowledge of the law and is also pragmatic. He is known for his down-to-earth approach. He works hard for his clients and he is determined to get each of his clients the best possible outcome.

Phil understands that the Court process can be a very stressful experience for the person charged as well as for their partners, parents and family. Sensitive to this, Phil will always take the time to thoroughly explain to every client the steps that are involved in achieving the best outcome. He will explain the “legal speak” in a way that makes sense. He will meet with you in person and he is also available via text, phone and email to answer any questions that you may have.

Been charged with Drive While Disqualified?

The offences of driving while disqualified or driving while suspended are offences under section 30 of the Road Safety Act 1986.

Upcoming court case for drive while disqualified?

I have represented hundreds of suspended and disqualified drivers since becoming a Barrister more than 25 years ago. If you are charged with driving while suspended or disqualified, it is important to seek sound legal advice. You may have a defence to the charge – I can advise you on this. Even if you don’t have a defence, there are some very important steps involved in properly preparing your case for a plea in mitigation.

It’s important to understand that there is NO mandatory licence loss associated with these offences. This being the case, the aim of the game is to keep you on the road.

Driving while suspended or disqualified is regarded as a serious offence by both Parliament and the Courts. This is reflected in the possible sentencing options available to a Magistrate when dealing with these matters. Under the Road Safety Act, anyone who commits these offences can be fined heavily and be at risk of imprisonment.

Losing your licence

When I prepare a case for someone who has been caught driving while suspended or disqualified, all the preparation is geared towards keeping you on the road. While a Magistrate does have a discretion to further suspend your licence, thorough preparation will maximise your chances of staying on the road.

Matters that a Court will usually consider when formulating a penalty:

Was your licence suspended via a penalty notice, a Court order or the result of a demerit point suspension via VicRoads?
How many months into your suspension period did you get caught driving?
Have you got previous driving history and, in particular, do you have a prior Court appearance for driving while suspended or disqualified?
Is your offence aggravated by other offending (for example, speeding, drink/drug driving, hoon driving or an accident?
Do you have any personal challenges such as family troubles, mental health or medical issues?
What is your financial position and to what extent does your employment rely on your ability to drive?

What you must do if your licence is suspended

If the magistrate further suspends your licence, you cannot drive until your period of suspension has finished. Unfortunately, in Victoria, there are no exceptions to this. For example, you cannot drive for the purposes of work or to pick up your children from school or even to drive a friend or parent to a medical appointment. There are no special licences that allow you to drive during a period of suspension or disqualification.

Impounding your vehicle:

If you get pulled over by the police for the offence of driving while suspended or disqualified, the police will often impound your vehicle for an initial period of 30 days. This is a costly process and will usually be in excess of $1000 inclusive of towing and storage fees.

Alternative sentencing options for drive while suspended or disqualified:

Adjourned Undertaking (Good behaviour bond)
Fine with or without conviction
Community Corrections Order
Jail sentence (up to 2 years)

Is Driving While Disqualified a Crime?

Driving while suspended or disqualified is a summary offence, which means it’s heard and determined in the Magistrates’ Court. The outcome will appear on your Court history. In some circumstances it may also show up on a National Police Check.

It’s crucial that you understand your rights in relation to the offence of driving while suspended or disqualified. You may even have a defence. The decision to seek legal advice is crucial to understanding your rights, to explore possible defences, and to minimise penalties. The right advice will make a big difference and will assist you to move forward with the confidence to make an informed decision.

Should I get legal representation for my Court appearance?

While there is no obligation to be represented, the presence of a Barrister definitely sends the right message to the Court. Among other things, it shows the Court that you are taking the matter very seriously. Magistrates often comment on the fact that a person has sourced and engaged legal representation. It also demonstrates to the Court that you have gained an appropriate level insight and remorse. As a combination, these factors generally increase your chances of keeping your licence. I will work extremely hard to keep you on the road and to minimise the overall impact for you and for those that depend on you. I am very happy to discuss your options with you in order to achieve the best possible outcome.

Being charged by the Police can be very stressful

In my experience, there are many reasons why people find themselves charged with suspended or disqualified driving. It’s easy to feel like a criminal, even if it’s your first time before a Court. After more than 25 years in the Criminal Courts, I recognise that good people often find themselves charged with suspended or disqualified driving. This can be a very stressful situation to find yourself in.

Common reasons for offending are as follows:

An uncharacteristically bad decision
Driving in order to maintain your employment
Challenging personal circumstances such as mental-health or family struggles
A misunderstanding about your rights and obligations
Peer group pressure
Lack of support from friends or family to assist with alternative transport arrangements during your period of suspension
The lack of effective and reliable public transport
Being uninformed about the potential penalties for driving while suspended or disqualified

Drive While Disqualified Victoria

Driving while disqualified is a serious criminal offense. In Victoria, penalties include fines of up to $48,842.40 (240 penalty units), up to 2 years in prison, vehicle impoundment, and extended license disqualification. An experienced Barrister like Phile Simpson can help build a defense or make submissions to minimise these penalties.

Possible Avenues To Explore:

Defenses can include an “honest and reasonable mistake” of fact or if there was an emergency/necessity. In the event the court does not dismiss the charge entirely, a skilled traffic Barrister/Lawyer like Phil can argue for a reduced penalty (such as avoiding a criminal conviction, a custodial sentence, or limiting any additional time without your licence).

Drive while disqualified Lawyers Melbourne

Feeling Unsure.. Concerned...

Don't Know Your Options..?

Let's Have A Confidential Chat

Possible Defences to Drive While Disqualified

Drive While Disqualified Offences Melbourne

Drive While Disqualified Jail Sentences

Minimise the potential impact on you and your livelihood

Drive While Disqualified Community Corrections Orders

Drive While Disqualified Victoria

Drive while disqualified offences Melbourne

Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner who understands the complexities of both the process and the law.

Where do you go from here?

In preparation for your Court date, I will meet with you personally, listen to your side of the story, analyse the facts and provide advice on the law. I will also personally make some suggestions about individuals and agencies that can assist with the preparation of appropriate reports that will help to minimise your penalty. I will also make recommendations about suitable and appropriate personal character references.