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s30 Driving Suspended

Driving Whilst Suspended / Disqualified Lawyers Melbourne

Have you been charged with driving whilst suspended or driving whilst disqualified?

We have offices in Melbourne’s CBD, Frankston, Dandenong, Ringwood, Moorabbin & Geelong. We regularly represent clients charged with these offences at the various Magistrates’ Courts. If you have been charged with either driving whilst disqualified or driving whilst suspended then you should contact our office today. If you click on the top right menu you will be able to select the nearest office to you. For a greater understanding of the ramifications of being charged with driving whilst suspended or driving whilst disqualified, please read on.

What will happen to my licence if I plead guilty to driving suspended or disqualified?

The critical point to note in relation to this type of offending is that further licence loss is discretionary. That means that the Magistrate that determines the penalty can choose whether or not to take your driver’s licence away for a further period. There are a number of different factors that influence whether a Magistrate will interfere with your driver’s licence. Some of the matters that need to be contemplated include:

  • Did you drive after being suspended or disqualified by a Magistrate or being informed about the suspension by a VicRoads letter?
  • How far through the suspension period were you when police intercepted you?
  • Were there any other aggravating features to the driving, such as speed, alcohol, drugs or carelessness?
  • Were there any other suspensions at play (i.e. has VicRoads further suspended your licence)? Will a plea result in some other form of VicRoads action? It is important to understand that VicRoads and the courts are completely independent of one another, and all suspensions and disqualifications must run cumulatively.
  • What did you tell police at the time?
  • Were you cooperative?

These are just some of the factors that need to be considered by an experienced lawyer that understands the finer nuances of representing clients charged with driving whilst suspended or driving whilst disqualified. If you already have a court date, you can call our office today to speak to a traffic lawyer about how best to approach your case.

I didn’t know that my licence was suspended. Can I plead not guilty?

Both driving whilst suspended and driving whilst disqualified are offences that have strict liability. This means that once it is established that your driver’s licence was suspended or disqualified and you were driving in a motor vehicle on a Victorian road at the time then the offence is complete. What can then be raised is a defence. The most common defence is honest and reasonable mistake. The evidential onus must be discharged by the defendant and then the prosecution must prove beyond reasonable doubt that the mistake was neither honest nor reasonable.

Often, Magistrates will readily accept that the mistake was honest, but not so easily accept a mistake was reasonable. To decide whether you have an honest and reasonable mistake, a highly considered assessment of all the facts of the case must be made by an experienced lawyer. An example of some factors that are relevant are:

  • What was your nominated address with VicRoads? If it had recently changed, was it updated?
  • If you didn’t receive the mail, what other letters did you get from VicRoads?
  • If there was a miscalculation of time off the road, what was the basis for this miscalculation and what evidence can be produced to support that miscalculation?
  • Was someone interfering with your mail?

The list goes on. Every case is different and needs to be assessed by an experienced lawyer that regularly handles driving whilst suspended and driving whilst disqualified cases.

Be aware that by virtue of section 30A of the Road Safety Act, even if you are successful in defending a driving whilst suspended/disqualified charge a Magistrate can still impose disqualification time. This would be from the time that it is established that you were not aware of your driver’s licence suspension till the time you became aware. Sometimes this is an outcome clients want to avoid and needs to be considered before running a hearing.

What is the maximum penalty for driving whilst suspended / disqualified?

The same penalty applies for both offences, per section 30 of the Road Safety Act 1986, that is 30 penalty units or four months gaol for a first offence and 240 penalty units and two years gaol on a subsequent offence. The more serious maximum applies even if the prior offence is 20 years old.

There is no limit on how long a Magistrate can further interfere with your driver’s licence. We have seen suspensions as long as five years, although this is extremely rare. Often a Magistrate will extend a period from three to 12 months but with the right lawyer you can avoid any further suspension or disqualification at all.

Vehicle impoundment and forfeiture is also a possibility – more so with subsequent offences – so beware, by repeatedly driving whilst suspended or disqualified you could lose your vehicle to the government.

Do I need a lawyer to represent me if charged with driving when suspended or disqualified?

Our view is that you would be crazy to try to finalise these types of matters on your own, but sometimes people have financial constraints preventing them from being able to retain a lawyer.

Court really is a strange place. There are prosecutors there that only have one objective, which is to prosecute. The Magistrate is obliged to remain impartial, and if no one is there to represent your interests, things can go very wrong.

Sometimes you can get lucky, but why leave your your court outcome to chance? Select the nearest office to you, give us a call today and we will arrange for an appointment with one of our experienced traffic lawyers who can assist you.

Traffic Charges

Road Safety Act 1986

Drug Driving Offences Melbourne (Article)

Regulation 20 Speeding in School Zone

s18 Unlicensed driving

s30 Driving Disqualified

s30 Driving Suspended

s60 Failing to Nominate the Driver of a Motor Vehicle

s61 Failing in the Duty of Driver etc. of Motor Vehicle if Accident Occurs

s64 Dangerous Driving

s65 Careless Driving

s65A Improper Use of a Motor Vehicle

s84 Motor Vehicle Impoundment / Forfeiture by Police

s85 Appeal Immediate Licence Suspension

Crimes Act 1958

Drug Driving Offences Melbourne (Article)

Regulation 20 Speeding in School Zone

s22 Reckless Conduct Endangering Life or s23 Serious Injury

s318 Culpable Driving Causing Death

s319 Dangerous Driving Causing Death or Serious Injury

s319AA Dangerous or Negligent Driving Whilst Being Pursued by Police

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Case Studies

Careless Driving Charges Not Guilty

Diversion For Careless Driving

Excessive Speed Matter Withdrawn

Impoundment Exceptional Hardship

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specialist criminal solicitor warning
Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.
  • Law Institute Accredited Specialist Criminal Lawyers
  • Legal Aid enquiries welcome
  • Over 100 years firm experience practising as traffic lawyers and criminal defence lawyers
specialist criminal solicitor warning
Do not ask any firm to act on your behalf in relation to a criminal or traffic law offence unless they specialise in criminal or traffic law.

What Our Clients Say

Michael S
Dear Rebeca, Thank you again for your support and guidance over the past six months, it is my belief that Dribbin and Brown went far beyond there charter when...
Maria
Many thanks for the wonderful support I received from David Dribbin as he represented me in court today. It was an extremely emotional experience for me and without judgement...
Sam B
Thank you for your outstanding service.... A great result for us...
Yvonne and Peter Braithwaite
Thanks for your excellent work for Yvonne last Friday. Your courtesy, empathy and professionalism was greatly appreciated. All the best for the future.
Ross M
Dear Dave, Just a follow up thanks for your professional service & presentation yesterday – very happy with the outcome and the comments from the Magistrate. Thanks again, and...
Russell P
Dear David and Team I would like to “Thank You” for a job well done. The result, from the trial was truly amazing. I very much appreciated your courtesy, professionalism...
Grant B
I phoned Michael Brown of Dribbin and Brown after total disappointment in another criminal lawyer firm... In my situation that required communication, information and a great deal of understanding,...
…
Mike! Jacqui was great! Re my drive whist suspended charge, I held my license with a small fine to be payed in 4 months! Can't thank you enough! Thanks for...
Haley M
We cannot thank you enough, it still doesn't feel real to us yet as it has caused a lot of strain and stress over a very long period of...
Helen and Lingbo Yang
Thank you for your support and help of Lingbo’s case for these days and everything is going smoothly. The outcome is better than we expected because of your rich...
Adrian W
A big thank you Dave. You made it seamless. You are a quality egg and hopefully I'll see you again under different circumstances. All the best!

Need help? Call our 7am to Midnight Phone Service on +61 (03) 8644 7320

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Dribbin & Brown

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Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

© 2021 Dribbin & Brown

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Dribbin & Brown

  • About Us
  • What We Do
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  • Client Testimonials

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