A
drivers licence can be suspended in
many different ways. If a court
finds you guilty of any offence
(other than drink driving, drug
driving or dangerous driving) it has
power to suspend your drivers
licence. The most common ways in
which a licence is suspended are as
follows:
It
is an offence to drive
most motorised vehicles on a
road or in a public place if your
licence has been suspended.
When
police intercept a vehicle often
the first thing they do is conduct
a licence check to determine
whether the driver has a current
and valid licence. Most police
cars have on-board computers that
enable them to look up a database
of licence holders and
registration details.
Effect of licence suspension
A
person whose licence has been
suspended is unable to use the
licence for any purpose until
the period of suspension has
expired. Once the suspension
ends, the person can resume
driving provided their licence
is current. If your car was not
impounded, there is no need to
take any step in order to be
able to resume driving after the
suspension period ends - i.e. no
courses or tests to do or any
fees to pay. The licence you had
at the time the suspension
commenced will simply resume.
Probationary licence holders
will have their probationary
period extended by 6 months plus
the suspension period.
It
is a serious offence to drive
any motor vehicle
(whether or not it is
registerable, such as most
motorised scooters) on
a
road or road related area (e.g.
car park, bike track, 4WD track)
while your licence or permit is
suspended. You can not supervise
a learner driver if your drivers
licence is suspended. You can
not use a suspended licence to
drive in another state, and you
are disqualified from obtaining
a new licence during the period
of suspension. For interstate
licence holders, a Victorian
court or a Victorian law is not
able to suspend a licence issued
in another state, but Victorian
law can disqualify you from
obtaining a Victorian licence
which prevents you from driving
in Victoria during the period of
disqualification.
Penalties for driving whilst
suspended
s.30
Road Safety Act 1986
The
maximum penalty is a fine of up to
$40,000 fine, or up to 24 months
imprisonment.
Typical
outcomes for a first offence is a
conviction and fine of about $500
to $800, and 0 to 6 months further
licence suspension. The main
variables that affect sentence is
the reason why your licence was
under suspension and the
circumstances which caused you to
drive whilst suspended.
A
typical sentence for a second
offence is a conviction and a more
significant fine, with some
further licence suspension.
Usually
my client's goal is to ensure that
any additional licence loss period
is kept to a minimum if not
avoided completely, as well as to
avoid convictions, large fines,
community work or imprisonment.
If
you are found driving with a
suspended licence it is common for
the police to tow and impound your
vehicle for 30 days. The police
can apply to the court for up to
two more months of vehicle
impoundment or for vehicle
forfeiture.
Defences
to driving whilst suspended
All
of the legal process defences
which are available in all traffic
offences are available in drive
whilst suspended cases. Other ways
of defending these charges involve
challenging the legitimacy of the
suspension, or having the
suspension reversed, having the
court accept you were not driving
a motor vehicle, or the
prosecution may be unable to prove
that you knew that your drivers
licence was suspended at the time
of driving.
If
you were unaware that your licence
had been suspended and the charge
is dismissed for that reason, the
court can still order you to serve
the portion of your licence
suspension period that you failed
to serve because you were unaware
of the suspension. s.30A
Road Safety Act 1986
Legal Representation
Within
about 4 months of the date of
being found driving you can expect
to receive a charge and summons to
attend court, at which point legal
representation is recommended. The
total cost of legal representation
for a plea of guilty to driving
while suspended is usually within
the range $1400 to $2000,
depending on how many prior
offences you have. An
assessment of your chances
of an acquittal can only
be done at a conference
after considering all the
relevant paperwork.
Usually
my client's goal
is to avoid
further periods of
licence loss and
you will find that
easier to achieve
with experienced
legal
representation.
Any
person who loses their licence for a
drink driving offence or a dangerous
driving offence will find that their
licence is cancelled (not suspended)
and they are disqualified from
obtaining a licence for a fixed
period of time. You can become a
disqualified person by order of a
court or by a traffic infringement
notice. A person who drives a motor
vehicle on a road during a period
when they are disqualified from
obtaining a licence commits this
offence.
Effect
of disqualification
A
person who is disqualified from
obtaining a licence is unable to
drive a motor vehicle during the
period of disqualification. Once
the disqualification period ends,
the person will not be able to
drive until they apply for a new
licence. Holders of interstate
drivers licences and overseas
licences can also be disqualified
from driving in Victoria
(alternatively - disqualified from
obtaining a Victorian licence) for
any traffic offence and they
certainly will be disqualified if
they are found guilty of drink
driving or dangerous driving in
Victoria.
Penalties
for driving whilst disqualified
s.30
Road Safety Act 1986
A
fine up to $40,000 or
up to 24 months imprisonment.
Typical
outcomes for a first offence is a
conviction, a fine of between $700
and $1,000 and an additional 0 to
6 months of
disqualification.
A
typical penalty for a second
offence is a conviction and fine
of $1000 with an additional
licence loss period of 1 - 6
months.
The
court has options to fine the
accused, order the accused to
perform community work, order
imprisonment of up to 2 years,
and it also has the power to
further suspend the accused's
drivers licence for as long as
the court thinks fit.
In
many cases, if the matter is
handled properly, it is possible
to be acquitted. This will avoid
extending the licence
disqualification period, avoid any
type of term of imprisonment or
having to perform community work,
avoid large fines or having a
conviction recorded.
Driving
whiist disqualified is an
offence which can result in
vehicle impoundment or
forfeiture.
Defences
to driving whilst disqualfiied
All
of the legal process defences
which are available in all traffic
offences are available in drive
whilst disqualified cases. Other
ways of defending these charges
involve challenging the legitimacy
of the disqualification (which is
usually difficult as it is often
founded on a court order), or
having the disqualification
reversed, having the court accept
you were not driving a motor
vehicle, or showing that you had
no knowledge that you were
disqualified at the time of
driving. As this offence is
punishable by imprisonment, it is
common for people to try to avoid
prison by pleading guilty rather
than risk damaging their chances
by pleading not guilty.
Legal
Representation
A
person facing charges of driving
whilst disqualified will have to
go to court at which point legal
representation is recommended. The
total cost of legal representation
for a plea of guilty to driving
while disqualified is typically
within the range $1400 to $2000,
and sometimes higher if you have
many prior offences or are facing
numerous other charges. If it is
your first offence, the chance of
going to prison is extremely
low. An
assessment of your
chances of an
acquittal can only be
done at a conference
after considering all
the relevant
paperwork. Usually my
client's goal is to
avoid further periods
of licence loss and
that is more easily
achieved with
experienced legal
representation. If you
are acquitted you may
apply for an order
that the police
reimburse you for your
legal costs.
