What Are the Penalties for Driving While Disqualified or Suspended?

It is illegal to drive if your Victorian licence has been suspended or disqualified by the police, the court or VicRoads. 

If your licence has been suspended, this means that you’re unable to drive for a certain amount of time - typically three to six months for minor offences, or longer periods for more serious charges.

A licence disqualification is a penalty imposed by the court for a serious driving offense that cancels your driver’s licence and disqualifies you from driving a motor vehicle.

So, what are the penalties of driving with a disqualified or suspended licence?

Driving while suspended or disqualified pursuant to section 30 of the Road Safety Act 1986 (Vic) carries a maximum of 2 years imprisonment or a fine of 240 penalty units ($48,413).

The court will consider your case to be more serious if you have a prior criminal history for the same offence or other traffic related matters. Your reason for driving, level of remorse and other factors can play a significant part in how serious the court places your offending.

For a first offence you can expect a relatively small fine.  Repeat offences can lead to more serious consequences.

Licence Loss

The court has the discretion to suspend you from holding a licence for as long as it considers appropriate. The court also has the discretion to show mercy and allow you to retain your licence after a plea of guilty. 

Your chances of keeping your licence will depend on factors such as:

• Whether you have a history of driving while disqualified or suspended

• Your reasons for driving

• Your need for a licence. 

A well-prepared plea which provides the court with the right information can be the difference between losing your licence and keeping it. 

How Can I Help You

Working with a traffic offence lawyer in Melbourne that specialises in driving while suspended or disqualified offences means protecting your rights and securing the best possible outcome.

I will consider the brief of evidence and search for potential defences such as the defence of honest and reasonable mistake or the defence of sudden and extraordinary emergency.

If you are a first-time offender who has a compelling reason for driving, you can probably expect the court to be lenient. 

My assistance may be focused on:

• Reducing the stress of appearing before a court

• Negotiating with police and

• Helping you understand the process.

I will explain each step of the process and be your voice in court.

If you have a history of offending or there are aggravating circumstances I will discuss the importance with you of:

• Keeping your licence

• Avoiding a conviction

• Avoiding a harsher penalty

• Avoiding the court making an order to impound or forfeit your car

I will bring my 25 years in the criminal justice system including 10 years as a criminal defence barrister to tailor my submissions, to the court, to maximise your chances of success.