Unlicensed Driving

Going to Court For Unlicensed Driving?

Phil has over 25 years of experience as a Barrister. He has an excellent command of the law and is well known for bringing a practical, grounded perspective to everything he does. His clients value his direct manner and the fact that he works hard to get the best result possible.

In more than 25 years of appearing in court, Phil has acted for thousands of clients across a diverse range of cases. Much of his work centres on representing people who have been charged by the Police with driving while Unlicensed, Suspended or Disqualified.

Phil understands that the Court process can be a very stressful experience for the person charged as well as for their family. Sensitive to this, Phil will 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 Unlicensed Driving?

Driving while unlicensed is an offence under section 18(1) of the Road Safety Act 1986.

Upcoming court case for Unlicensed Driving?

It is important that your case is carefully prepared so as to minimise the potential impact on you and your livelihood. It is best to get advice early in order to maximise your chances of a positive outcome.

What’s the process if I get charged by the Police?

I have represented many unlicensed drivers since becoming a Barrister more than 25 years ago. If you are charged with driving while unlicensed, 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 of guilty.

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

Possible Outcomes for Unlicensed Driving

Under Section 18(1A) of the Road Safety Act 1986 a person who commits an offence of driving while they are unlicensed is liable to a penalty not exceeding 60 penalty units or to imprisonment for not more than 6 months. There are some exceptions to these penalties. These are set out below in sections 18(2)(a) & (b) and 18(2A) of the Road Safety Act.

Under Section 18(2)(a) of the Road Safety Act 1986, if the court is satisfied:

(a) The person held an applicable driver licence or learner permit at some time before the commission of an offence under subsection (1) but, at the time of the commission of that offence, the person had not held an applicable driver licence or learner permit for a period not exceeding 6 months solely because the person had not renewed the applicable driver licence or learner permit; and

(b) The applicable driver licence or learner permit was not cancelled for an offence relating to the driving of a motor vehicle committed by the person-

The person is liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than one month

Under Section 18 (2A) of the Act if the court is satisfied

(a) The person-

(i) At some time within 6 months before the commission of an offence

(ii) under subsection subsection (1)

(A) held and Australian driver licence (other than a driver licence or learner permit) or interstate learner permit, or a licence or permit issued in another country; and

(B) was, under the regulations, authorised to drive the motor vehicle; and

(iii) at the time of the commission of the offence under subsection (1), had resided in Victoria for a period of 12 months or less; and

(b) the licence or permit was not cancelled for an offence relating to the driving of a motor vehicle committed by the person in another State or Territory, or another country –

The person is liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than one month.

What happens if I get caught driving after a previous suspension has finished but before I apply to be re-licensed?

It’s also important to note that section 18(3) of the Act sets out some very significant penalties for drivers who are currently unlicensed (but were previously disqualified) and who are caught driving in circumstances where if appropriately licenced, they would be subject to a vehicle alcohol interlock condition. This is quite a unique scenario and the right preparation is important. In these circumstances, an individual can be liable to fines up to 240 penalty units or imprisonment for not more than 2 years.

Matters that a Court will usually consider when formulating a penalty

What is your reason for being unlicensed?
Did you simply forget to renew your licence?
Are you an international student who has previously held a licence?
How long have you been driving while unlicensed?
What efforts have you made to become properly licensed?
Since being intercepted, have you obtained your driver licence or permit or taken steps towards getting a valid licence or permit?
Have you got previous driving history and, in particular, do you have a prior Court appearance for driving while disqualified, suspended or unlicensed?
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?

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What you must do if your licence is suspended

If the magistrate further suspends your licence, you cannot drive or apply to be relicensed until the suspension period has ended. Unfortunately, in Victoria, there are no exceptions to this. 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.

Alternative sentencing options for driving while disqualified or suspended

Adjourned Undertaking (Good behaviour bond)
Fine with or without conviction
Community Corrections Order
Jail sentence (this is not a common outcome for unlicensed driving)

Unlicensed driving Jail Sentences

Minimise the potential impact on you and your livelihood

Unlicensed driving Community Corrections Orders

Unlicensed driving Victoria

Is Unlicensed Driving a Crime?

Driving while unlicensed 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 unlicensed driving. The decision to seek legal advice allows you 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 engaged legal representation. It also demonstrates to the Court that you have the appropriate level of insight and remorse. As a combination, these factors generally increase your chances of staying on the road. 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

There are usually a range of reasons why people find themselves charged with unlicensed 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 driving offences. 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
A lack of knowledge about Victorian laws – particularly if you are an overseas student
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 unlicensed

Unlicensed Driving 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. This will enable you to make a sensible and informed decision about the future conduct of your matter. It will also give you the confidence to know that you have explored all the avenues to maximise an excellent outcome.

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 make suggestions about individuals and agencies that may be able to assist with the preparation of appropriate reports and letters. If you’ve got specific personal challenges, it’s important to convey these to the Court in a professional and informative way. I will also make recommendations about suitable and appropriate people that may be able to provide personal character references.