Offences / Driving While Suspended
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Driving While Suspended Lawyers
At Garde Wilson Lawyers, we understand the gravity of these charges and are committed to providing robust legal defence to protect your rights and future.
If you are facing driving while suspended charges, it is essential to seek expert legal advice immediately to navigate the complexities of the law and secure the best possible outcome.
Driving While Suspended in Victorian Law:
Key Elements of Driving While Suspended
- Operation of a Motor Vehicle: The accused must have been driving or in control of a motor vehicle on a public road.
- Suspended Licence: The driver’s licence of the accused must have been suspended at the time of the offence. Suspension can occur for various reasons, including accumulation of demerit points, court orders, or administrative decisions by VicRoads.
Knowledge of Suspension: The accused must have known or reasonably should have known that their licence was suspended. This can be established through evidence of a suspension notice, prior warnings, or other communications from authorities.
Relevant Statutes:
Penalties for Driving While Suspended
- Imprisonment: Conviction for driving while suspended can result in a term of imprisonment, particularly for repeat offenders or those causing significant harm or danger.
Fines: Financial penalties are commonly imposed, with the amount varying based on the specifics of the offence and any aggravating factors.
- Extended Licence Suspension: Driving while suspended typically leads to an extension of the suspension period. Repeat offenders may face longer suspension durations or permanent disqualification.
Additional Charges: Depending on the circumstances, individuals charged with driving while suspended may also face related charges, such as driving without a licence, unregistered vehicle offences, or other traffic violations.
Legal Defences for Driving While Suspended
Several defences may be available to individuals charged with driving while suspended, including:
- Lack of Knowledge: Demonstrating that the accused was unaware of the licence suspension can be a key defence. This may involve proving that the suspension notice was not received or that there was a clerical error.
- Emergency Situations: The defence of necessity may apply if the accused can show that driving was essential due to an immediate and compelling emergency, such as a medical crisis.
- Improper Suspension: Challenging the validity of the suspension itself, such as arguing that it was issued incorrectly or without proper notification, can be a defence.
Steps to Take if Charged with Driving While Suspended
If you are facing charges related to driving while suspended, it is essential to take the following steps to protect your legal rights and build a strong defence:
- Seek Legal Representation: Contact an experienced criminal lawyer immediately to discuss your case and obtain legal advice. Garde Wilson Lawyers specialise in criminal defence and can provide expert representation throughout the legal process.
- Collect Evidence: Gather any evidence that may support your defence, including communication records, witness statements, and any relevant documentation.
- Maintain Silence: Avoid making any statements to police or other authorities without the presence of your lawyer. Anything you say can be used against you in court.
- Follow Legal Advice: Adhere to the advice and instructions provided by your legal team to ensure the best possible outcome for your case.
Frequently asked question
Do you still have questions?
01What are the immediate consequences of driving while suspended in Victoria?
If you’re caught driving while your licence is suspended in Victoria, you can face heavy penalties, including fines, a longer licence suspension, or even imprisonment in serious cases. You may also have your vehicle impounded. The exact consequences depend on your individual case and the severity of the offence.
02Can I drive if I need to go to work while my licence is suspended?
No. There are no exceptions that allow you to drive for work or personal reasons while suspended or disqualified. Doing so will lead to further penalties. You’ll need to find another way to travel until your licence is reinstated.
03How can I challenge a charge of driving while disqualified?
You can contest the charge in court. Defences may include not being properly notified of your suspension or having an honest and reasonable belief that your licence was valid. Our lawyers will review the evidence, explain your options, and help you build the best possible case.
04Will a conviction for driving while suspended add to my criminal record?
05Can previous suspension periods count toward new offences?
Yes. Prior suspensions or similar offences can lead to harsher penalties, including longer bans or higher fines. The court considers your full driving history when deciding your sentence.
06What should I bring to my first legal appointment for a driving-while-suspended charge?
Bring:
– Your charge sheet or court summons
– Any suspension or disqualification notices
– Your VicRoads driving record
– Any letters or emails from police, VicRoads or the court
– A brief summary of what happened and why you were driving
Having these details helps your lawyer assess your case quickly and prepare your defence.
07If I drove because I needed to get to work, will that excuse the offence?
No. Simply needing to drive for work does not excuse driving while your licence is suspended. To drive legally, you must have a valid hardship or work licence, which is only granted in specific circumstances and at the court’s discretion. Driving without one remains an offence and can lead to fines, further suspension, or other penalties. If you believe hardship applies, seek legal advice to explore your options.
08Can I apply for special work-related permission to drive while suspended?
Yes. In certain circumstances, you may apply for a special hardship or work licence that allows you to drive while your licence is suspended. Approval is not automatic — the court must be satisfied that you genuinely need to drive for work or face significant hardship. Applications are assessed case by case, and strict eligibility criteria apply, so legal advice is recommended before applying.
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