Driving while Suspended or Disqualified

The offences of driving while disqualified or driving during a period of suspension are offences under section 30 of the Road Safety Act 1986. These offences are regarded as serious offences by both Parliament and the Court. This is reflected in the possible sentences available to a Magistrate when dealing with these matters. Under the Road Safety Act, anyone that commits these offences can be fined very heavily and be at risk of imprisonment.

I have represented hundreds of suspended and disqualified drivers since becoming a Barrister more than 20 years ago. If you are charged with driving while 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 preparing your case for a plea in mitigation. It’s important to understand that there is NO mandatory licence loss associated with these offences.

Some things that a Court will often consider when determining your sentence:

• Whether your licence was suspended via a penalty notice, Court order or as a result of demerit points via VicRoads
• How long into the suspension period you were intercepted
• Your previous driving history
• Whether the offence was aggravated by other offending (for example, speeding, drink/drug driving, hoon driving or an accident)
• Any personal challenges that you may be experiencing
• Your financial position and the extent to which your employment relies on your ability to drive

As a Barrister, it is my job to maximise your chances of staying on the road. As there is NO mandatory loss of licence for these offences, 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 with a view to obtaining the best possible outcome.