WADL Case Summary – Driving While Suspended

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

1. Road Safety Act 30 (1) – Drive Suspended
2. Road Safety Act 18AA – Driver of a motor vehicle on a highway was in breach of a condition of such driver’s licence in that they did not wear corrective lenses

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

1. A fine of up to $4070.2

Our client’s driver licence was suspended by the Secretary to the Department of Transport pursuant to regulation 79(1) of the Road Safety (Drivers) Regulations 2019. The suspension took effect on 25 August and remained in force until all prescribed requirements were satisfied.

Our client was driving along Lygon Street, Carlton, when he was intercepted by police. Subsequent enquiries with VicRoads revealed that his licence was subject to an “S” condition, requiring him to wear corrective lenses while driving.

At the time of the interception, our client was not wearing corrective lenses. He stated that he was unaware that this condition had been imposed on his licence.

Our client received a $200 fine imposed by the court. Importantly, no licence interference was ordered, and no conviction was recorded.

The preservation of his driver’s licence was particularly significant in the circumstances. It enabled our client to continue fulfilling his caring responsibilities for his parents, including reliance on him for essential transport needs. Retaining his licence therefore ensured continuity of care and avoided substantial hardship for both our client and his family.