Drive While Disqualified

Driving while Disqualified

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

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 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.

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?

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.

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.

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.

Driving while Disqualified Penalties: What to Expect?

There are a range of penalties available for driving while disqualified and driving while suspended, including large fines and a potential jail term. The ultimate result will depend of a variety of factors specific to your case. It’s important to know, however, that unless you have a significant history of similar offending, people rarely go to jail for these offences. Feel free to call to discuss your particular circumstances.

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Is Driving while Disqualified a crime?

Driving while suspended or disqualified are summary offences, which means they are 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.

Where do I 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.

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 Trustindex verifies that the original source of the review is Google. Phil represented me on some driving charges. All round very good experience, very professional. Highly recommended. Will be using Phil again if needed for sure
  
 
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 Trustindex verifies that the original source of the review is Google. This is coming from someone who hates lawyers because of recent first hand experience. Phil did exceptional work for me. Within an hour meeting he understood my situation perfectly, and represented me in court so well we reached an outcome neither of us could have imagined.

When asked his prices, he gave a simple one sentence answer. No nonsense. It does cost some money but the only thing more expensive than an expensive lawyer is a cheap lawyer.

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   Andrew P 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was lucky enough to have a mate that had been in several of the circumstances I found myself in recently, this was not the first time but the first time I reached out further than the abilities that Victoria Legal Aid should have serious concerns about. The legal aid attorney provided me with incorrect timeframes (50% less than the correct penalty) that were before the court today. If I didn’t reach out for an obligation free consultation, I would have represented myself and more than likely responding in a defensive manner that would have made things MUCH worse for myself. This is the person to call for help outside the capacity of family and friends when facing legal matters that have the ability to change your life forever. Thank you so much Phil. You have saved my life in a physical and mental sense. He also helps the community in another way that immediately earnt my respect as a professional and a committed member of the community in such a great way, please see the attached image in relation to that area of help.

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