Licence Suspension

Been charged with Driving While Suspended?

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

Upcoming court case for driving with a suspended Licence?

I have represented hundreds of suspended and disqualified drivers since becoming a Barrister more than 25 years ago. If you are charged with driving whilst 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 whilst suspended or disqualified are regarded as serious offences 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.

Relevant 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?

Losing your licence

When I prepare a case for someone who has been caught driving whilst 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.

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.

Other sentencing options for Suspended driving:

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

Is Suspended driving 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 of 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.

Licence Suspension Lawyer Victoria

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

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Minimise the potential impact on you and your livelihood

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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 to 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.