Dribbin & Brown’s Traffic Lawyers, regularly represent clients charged with driving whilst disqualified. We have a number of offices around Melbourne and Geelong and routinely appear at the local Magistrates Court in these localities representing clients charged with driving whilst disqualified and other traffic offences.
Because we are at these courts everyday we are familiar with the court staff and prosecutors. This gives our firm a great advantage in relation to representing clients charged with driving whilst disqualified offences and driving offences generally. For a more general discussion about driving whilst suspended/disqualified follow the link.
There are a number of issues to consider if you have been charged with Driving While Disqualified.
- Can the prosecution make out their case?
- Do you have an honest and reasonable mistake and therefore a defence?
- Did you drive a motor vehicle when you were disqualified from driving?
- What were the circumstances? There maybe a plausible explanation that mitigates any penalty you might receive.
It is an offence against the Road Safety Act 1986 (RSA) section 30 to drive a motor vehicle on a highway during a period of disqualification.
Driving whilst disqualified usually relates to a situation where an offender has previously been disqualified by the Courts for drink driving, dangerous driving or culpable driving and is the driver is caught driving during a period of disqualification. It can also relate to a situation where a driver has received an infringement notice in relation to drink driving or where a driver is suspended whilst unlicensed and consequently becomes disqualified (depending on the circumstances).
Please read below for more information relating to this charge.
The offence
Subsection 30 of the Road Safety Act 1986.
The prosecution must show that:
- The defendant was driving or in charge of a motor vehicle; and
- The defendant was suspended or disqualified from driving.
The penalty
If found guilty of Driving While Suspended or Disqualified the maximum penalties are 240 penalty units or imprisonment for 2 years.
Further, the police can make an application to further impound or forfeit your motor vehicle, depending on your driving history.
Will I lose my drivers licence for a further period of time?
- Although there is no mandated period of time that a magistrate must impose off the road for this type of offence, there is a discretion. It is not unusual for a person charged with this offence to lose their licence for a further period spanning between 3 – 6 months. At Dribbin & Brown Criminal Lawyers, our traffic lawyers are well versed in submissions geared towards keeping our clients on the road. If you are facing this charge, you should not look anywhere else for representation if your ultimate goal is to keep your driver’s license.
Forfeiture and hoon legislation
- Have the police made an application to either impound or forfeit your motor vehicle. If so we can help.
Where will my case be heard?
- Driving While Suspended or Disqualified cases will be heard will be heard in the Magistrates Court.
Questions to consider
Do you have a defence?
- You may have had an honest and reasonable mistake of fact as to the status of your licence
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Now is the time to make sure that you have a lawyer who can give you sound advice and to help you achieve the best outcome in your case.
Preparation is critical to the success of any matter, ensure that you prepare appropriately by seeking quality legal advice.
At Dribbin & Brown Traffic Lawyers we understand the significant concern for any person facing a driving whilst disqualified charge is further licence loss. Losing your driver’s licence impacts your ability to support family, interact socially and earn money.
In considering that proposition you should always ask yourself how much it will cost if you lose your driver’s licence for months or years. Most likely it will cost far more than it will cost to retain competent counsel to represent you at Court. When you engage our services in relation to these matters we consider all aspects of your case – why you were on the road, your personal circumstances and any other factors that may be favourable to you.
The police and the courts take driving offences very seriously. Dribbin & Brown Lawyers are experienced in handling these types of matters. We regularly appear in court to represent people charged with driving offences.
If you have been charged with Driving Disqualified call our office on (03) 8644 7333 and make an appointment to see one of our lawyers today.
The Legislation
Section 30 Offence to drive while disqualified etc.
(1) Subject to section 30AA, a person must not drive a motor vehicle on a highway while the authorisation granted to him or her to do so under this Part is suspended or during a period of disqualification from obtaining such an authorisation imposed by a court or by the Secretary or by force of this Act or the Sentencing Act 1991.
Penalty: 240 penalty units or imprisonment for 2 years.
(2) Subsection (1) does not apply to a person who is undergoing a driving assessment or driving under instruction in accordance with the regulations.
