Driving While Suspended – Melbourne Magistrates’ Court

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The Court: Melbourne Magistrates’ Court
The Date: May 2026

1. Road Safety Act 30 (1) – Driving while Suspended
2. Road Safety Road Rules 2017 – 304 H1 – using a mobile device

• Imprisonment of up to 2 years
• Fine of up to $48,842.40
• Licence loss at the discretion of the Magistrate

• A fine of up to $2035.10

Our client’s driver’s licence had been suspended due to excessive speeding for a period of three months. The suspension took effect on the 24th of April.

With 8 days remaining on her suspension period, our client was intercepted by police driving along Lakeside Drive, Albert Park. Subsequent enquiries with VicRoads revealed to the police that her licence was suspended.

When intercepted, our client acknowledged that she was caught playing a video game on her phone.

Our client was aware there were some complications with her licence, although she did not receive any correspondence notifying her that her licence had been suspended. Resultingly, she was entirely unaware that her licence had been suspended at the time she was intercepted by the police.

Our client received an $800 fine from the Court. Importantly, no conviction was recorded and there was no impact on her driver’s licence. In addition, we successfully brought the matter forward so it could be heard outside of the school holiday period, assisting our client by resolving the case at a more convenient and practical time for her and her family.

The preservation of her licence was particularly important in the circumstances. Our client cares for her four children and relies heavily on her licence to transport them to and from school, appointments, and other activities. She also explained that without her licence, she may have been required to return to her home overseas.

Our client was extremely pleased with the outcome.