Suspended Driving Charges Explained

This site is the most comprehensive authority on the charge of Driving on a Suspended or Disqualified Licence.  Driving whilst suspended is a very common offence but not many people know how serious it can be.  However, with the right preparation and court representation you can take the stress out of the situation and give yourself the best possible outcome.

Because the penalties are so high, it is critical that you get the right advice early to help manage your case and thoroughly prepare your defence right up to your court appearance. 

 

The penalties that can apply are as follows:

First offence: 4 months imprisonment or $3,500 fine

Second offence: 2 years imprisonment or $24,000 fine.

 

Defences

There are times when it is possible to beat a driving whilst suspended or disqualified charge if you have both an Honest and Reasonable belief that you were allowed to drive.  You must have both elements in your defence – Honest and Reasonable, not just one of them.  Most people have an honest belief they are allowed to drive, but the Court rarely accepts that it is reasonable.  Sometimes the belief is honest but not reasonable.  The following examples demonstrate what a court thinks is honest and reasonable:

 

Not receiving a letter from VicRoads because you moved house without changing your address	This is honest, but not reasonable.  The Court would say that while it accepts you did not know, it is your duty to change your address and make sure you get all your mail.  This is not a defence.
Not opening your mail	This is probably neither honest or reasonable.  The Courts generally take the view that if you are not opening letters from VicRoads it is because you thought you were about to lose your licence.  This is not a defence.
Receiving two letters from VicRoads on the same day – one letter says you have lost your licence and the other says you can take the 12 month probation period.	The courts have generally held this to be honest and reasonable.  In most cases, this is a defence.
Miscalculating the day the suspension period started and ended.	This is honest but not reasonable.  The courts say that it is your duty to calculate the days you cannot drive.  This is not a defence.
Thinking you can still drive because you haven’t paid the fine which will cause you to lose your licence.	This is honest but not reasonable.  Many people choose not to pay their fines on the mistaken belief that they do not get demerit points until the fine is paid.  The demerit points are automatically added to your licence after 28 days from the offence and are backdated to the date of the actual offence.  This is not a defence.

 

Where it is an honest mistake (but not reasonable) we can use that for you in court.  The court takes a more favourable view of your case if you mistakenly thought you were allowed to drive, rather than driving when you definitely knew you were not allowed to.