Driving Whilst Suspended/Disqualified Lawyer Melbourne
Christopher Sheen provides experienced legal support for those facing driving while suspended charges.
- 25+ years of experience in Victorian Traffic Law
- Qualified mediator
- Proven track record of success
Driving Whilst Suspended, Disqualified or Unlicensed
Driving whilst suspended occurs when a person drives while their driver licence or learner permit is temporarily suspended. Suspensions may result from demerit points, excessive speeding, drink or drug driving, a court order or other enforcement action.
Driving while disqualified in Victoria is different. Disqualification prohibits a person from obtaining or holding a licence for a specified period. It commonly follows a court order or the cancellation of a licence. A disqualified driver commonly needs to apply to Vic Roads or the court to have their licence returned after the disqualification period.
Unlicensed driving generally applies where a person does not hold a current licence—for example, because their licence expired, they never obtained one or their licence was cancelled and has not been restored. The correct charge matters because the available penalties and licence consequences differ.
For a driving whilst suspended or disqualified charge, police must generally prove that the accused drove a motor vehicle on a highway while the relevant suspension or disqualification was in force. Not knowing about the suspension is not automatically a defence, although an honest and reasonable mistake may be relevant in some cases.
Why a Former Police Background Helps Your Case
Before becoming a lawyer and barrister, Christopher Sheen spent 15 years with Victoria Police as a General Duties Officer, Senior Detective and Senior Prosecutor. His experience included investigating and prosecuting suspended, disqualified and unlicensed driving offences.
That background gives Chris first-hand knowledge of how police establish licence status and prepare these charges. Combined with more than a decade defending accused people, it enables him to identify evidentiary or procedural issues and provide practical advice about whether a charge should be contested or resolved by a plea.
Where a guilty plea is appropriate, careful preparation can influence the fine, whether a conviction is recorded and whether the court orders any further licence loss.
Chris personally handles every accepted case and appears at each court date. Your matter is not handed to a junior lawyer.
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Understanding the Law
When a person’s driver's licence is suspended, they must not:
(i) drive a motor vehicle on a road
(ii) make an application for a driver's licence during the period of suspension
To be charged with driving while suspended, the prosecution must prove the following matters:
- They have correctly identified the driver;
- That you were the driver on a highway;
- At the time of driving your driver licence was either suspended or disqualified.
At common law, driving is defined as having control over the propulsion and movement of a car. For example, steering a car that is being towed is not driving because you have no control over the propulsion, as described in section 3AB of the Road Safety Act 1986 (Vic).
A Highway is defined as a road or road-related area.
Maximum Penalty for Driving Whilst Suspended or Disqualified in Victoria
Driving whilst suspended is an offence that carries serious legal and financial consequences. First-time or repeat offenders in Victoria face a penalty of 240 penalty units or up to 2 years' imprisonment. There is no longer a distinction between first-time offenders written in.
The Magistrate can also order a further suspension or disqualification of the licence on a discretionary basis. There is no limit on how long the Magistrate can extend a suspension - orders to extend a suspension or licence have been known to be as long as five years. The court will look at the circumstances of the case, whether offenders plead guilty or not guilty, and how seriously offenders treat the suspension.
There is also the possibility of vehicle impoundment and forfeiture - the court is more likely to consider this punishment for cases of repeated offences.
Honest and Reasonable Mistake
This offence is known as a strict liability offence. That means the prosecution does not need to prove that you had knowledge of your suspension. If however you were under the mistaken belief that your licence was not suspended or disqualified you may have a defence so long as that mistake was:
- An honestly held belief (a genuine mistake);
- A reasonable mistake for you to make in the circumstances; and
- The mistake was about the facts and not about the law.
An example of this defence may be where you did not receive a penalty notice in the mail and subsequent communication from Vic Roads that your licence was suspended. In those circumstances you may have a genuine belief that you remained licensed. If however you failed to notify VicRoads of your new address which led to the mail not being received the court may consider that it was not reasonable for you to hold the belief in the circumstances.
Be aware, the court may suspend your licence even if you are found not guilty because you had an honest and reasonable belief. See below under ‘Frequently asked questions’ for detail.
Sudden and Extraordinary Emergency
In certain circumstances section 322R of the Crimes Act 1958 (Vic) may provide a defence if you drove in circumstances of a sudden or extraordinary emergency. In order to raise this defence you would need to have a reasonably held belief that:
- A sudden or extraordinary emergency exists; and
- Your decision to drive is the only reasonable way to deal with the emergency; and
- The driving was a reasonable response to the emergency
An example of this may be a medical emergency in which you drive someone to hospital. The court may accept that there was a genuine emergency and that driving was a reasonable response but depending on the circumstances the court may find that calling an ambulance was another reasonable way to deal with the emergency causing the defence to fail. The specific facts of each case need to be weighed up in assessing whether the defence will succeed.
Fixed Fee, Agreed in Advance
Chris charges a fixed fee for each court date. The fee is disclosed and agreed before work begins, with no hourly billing or unexpected invoices.
The same approach applies to other traffic law matters in Melbourne, including drink-driving and drug-driving charges.
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Frequently Asked Questions
Can the police impound the vehicle if caught driving whilst suspended?
If in the period of 6 years preceding the offence you have also been found guilty of the same offence or another offence which is also classified as a ‘relevant offence’ for the purpose of the legislation (for example dangerous driving or drink driving over .10) then the court may impound or immobilise your car. This may be 45 days or up to 3 months and you would be required to pay for the storage and towing of the car.
If you have been found guilty of the same offence or another ‘relevant offence’ twice or more in the 6 years preceding the current offence then the court may forfeit the vehicle or a substitute vehicle to the crown.
The legislation does allow for arguments in relation to exceptional hardship and will consider those arguments before deciding whether to impound or forfeit your car.
Will the court suspend my licence for a longer period?
The court may impose a further period of suspension upon finding you guilty. This is a matter of discretion for the Magistrate who will consider a number of factors such as your driving history, your reasons for driving on this occasion, whether there are aggravating features to your driving and your need for a licence. Careful submissions are required to minimise the prospects of a further licence suspension.
Can the court suspend my licence if I am found not guilty of driving while suspended / disqualified?
Even if you successfully defend the charge of driving while suspended or disqualified the court may, subject to section 30A of the Road Safety Act 1986, decide to suspend you further. For example if you claim that you were not aware that your licence was suspended and the court accepts that this was an honest and reasonable belief, the court may find you not guilty but suspend your licence for a period that represents a period of time between when your licence was first suspended or disqualified and the time you became aware it was suspended or disqualified.
Driving whilst suspended vs. disqualified – what’s the difference?
If your licence is suspended then you are unable to drive for a specified period. This typically involves circumstances where police issue you with a penalty notice for offences such as speeding at 25kph or more than the speed limit. Your licence is suspended for the period specified and at the end of that period your licence is returned. It may also involve a period due to incurring excessive demerit points.
Your driver licence is typically disqualified by the courts for offences such as drink driving or drug driving. Once your licence is disqualified it is also cancelled and you must take steps to regain your licence at the end of that period. For example for drink driving matters you would need to satisfy Vic Roads that your licence can be restored or for drug driving you would need to return to the court to apply to have your licence restored. Certain steps for example alcohol interlocks or change behaviour change programs may be required before your licence can be returned depending on the offence.
Can I avoid a conviction for driving whilst suspended or disqualified?
Courts have the discretion to impose a conviction. The court will consider the circumstances of the offending, your prior history and character and how a conviction may impact on your social wellbeing and employment prospects before deciding to impose a conviction. As a traffic offence lawyer that specialises in working on driving while suspended or disqualified cases, my mission is to always achieve the best possible outcome, based on your case, and your needs. If avoiding a conviction is the primary goal, then that will be our main focus in our defence.
What is the drive while suspended penalty in Victoria?
For the general offence under section 30 of the Road Safety Act 1986 (Vic), the maximum penalty is 240 penalty units or two years’ imprisonment.
The actual sentence depends on the reason for the suspension, why the person drove, their driving history, personal circumstances and whether other offences were committed. The court may also extend the suspension, cancel the licence or impose a further period of disqualification.
A separate offence and lower maximum fine apply where Fines Victoria suspended the licence for non-payment of fines.
Will a first offence result in imprisonment?
Imprisonment is available but uncommon for a straightforward first offence without serious aggravating circumstances. A fine or another non-custodial outcome is generally more realistic.
The risk increases with repeated offending, a serious driving history, dangerous driving or other offences committed at the same time.
Can I defend the charge if I did not know about the suspension?
Possibly. Merely saying that you did not know is not enough.
A defence may be available where the person honestly believed they were permitted to drive and that belief was reasonable. VicRoads notices, address records, emails and licence enquiries may be relevant.
Can the court decide not to record a conviction?
Yes. A Magistrate may find the charge proved without recording a conviction.
The court can consider the seriousness of the offence, the person’s character and history, why they drove and the effect a conviction may have on their employment and future. A well-prepared plea can improve the prospects of a non-conviction outcome.
Speak to a Driving Whilst Suspended Lawyer in Melbourne
If you have been charged with driving whilst suspended, disqualified or unlicensed, contact Chris Sheen for advice about the evidence, possible defences, likely penalty and court representation.
Book a consultation with a suspended licence lawyer to discuss your case.
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To provide the most efficient and cost-effective traffic law service, consultations are done through Zoom or Microsoft teams. Meetings may be arranged on site at Owen Dixon East Chambers Melbourne for an additional fee.
