Driving While Suspended

The penalties for driving while suspended in Victoria may include fines, imprisonment, extended suspension or cancellation of a driver’s license.

Where the suspension was imposed by a court, the penalties in section 30 of the Road Safety Act 1986 apply. The maximum penalty is two years jail, or a fine of up to 240 penalty units.

Where the suspension was imposed as a result of fines as per s30AA of the Road Safety Act, the maximum penalty is a fine of ten penalty units.

Section 28 of the Road Safety Act gives discretion to a Magistrate to suspend or cancel a drivers licence, and it may leave to charges of driving while suspended resulting in an extension of the suspension or cancellation of a driver’s license.

The severity of the penalty will depend on other relevant factors, including the nature of the suspension, the existence of prior convictions, and the circumstances of the offence. A lawyer can ensure that any penalty is kept to its minimum.

Can I defend against a charge of driving while suspended?

Yes, you can defend a charge of driving while suspended if you wish too. This offence of driving while suspended is governed in Victoria by Section 30 of the Road Safety Act 1986. To establish this offence, the prosecution must prove the following elements beyond a reasonable doubt:

• The accused was driving a motor vehicle on a public road.
• At the time of driving, the accused’s driver’s license was suspended or cancelled, or they were disqualified from driving.
• The accused knew or ought to have known that their license was suspended, cancelled, or disqualified at the time of driving.

In order to defend the charge, one would need to demonstrate that at least one of the elements is not true.