Driving While Suspended Lawyers Melbourne

Driving while suspended is more serious than what you probably think. For a first offence of driving while suspended under section 30 of the Road Safety Act 1986, the court can impose a term of imprisonment of up to 2 years or a fine of $47,421.60 ( this amount will go up slightly after the 1st July 2025).

By the time your matter comes to court, you will probably have your licence back.  Because of our expertise in traffic law, about 95% of our clients keep their licence and just pay a fine. Usually, this fine is less than $1,000. You may not get this result if you use a solicitor in court or represent yourself. We mostly use barristers (who are members of the Victorian Bar) in court and not solicitors.

Barristers have additional advocacy training (that solicitors don’t have) and since the decision about your case happens in court, you want the best of the best in court. Since your licence and livelihood is at stake, we don’t believe it’s overkill to use barristers.

Since 2006 we have represented thousands of drivers charged with driving while suspended. It’s not something we occasionally dabble in. We defend driving charges every day.

99% of what we do is defend driving charges. Whether you have a first driving while suspended charge, whether it’s your 8th charge or whether it is combined concurrently with 9 other charges, we have done it. We have never represented anyone charged with murder. We leave that to the generalist criminal law firms.

We take the time to talk with you and understand the circumstances of your drive while suspended offence. This means that we can prepare the best argument to put to the court and this is why most of our clients keep their licence.

Will I go to Jail?

If you engage us to represent you, it is highly unlikely that you will go to jail. We have NEVER had any of our clients go to jail for a 1st, 2nd or 3rd driving while suspended charge. The final decision about your case is made by a Magistrate. We will ensure that your defence case is carefully prepared so as to get you the best possible outcome. The up-front, fixed fee that we quote you will include the barrister’s fee.

Will I lose my licence again ?

Not necessarily.  While Magistrates’ have a general power to take your licence for a driving while suspended offence (and often do ), our years of experience and expertise means that most of our clients keep their licence.  Your personal situation, driving history and the circumstances of the charge are all factors that the court will consider as it decides your case. We will carefully prepare your case and put forward arguments to the court as to why your licence should not be taken.

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CASE STUDIES

 Case Study - Driving While Suspended – Melbourne Magistrates’ Court  

The Court: Melbourne Magistrates’ Court

 The Date: March 2025

 The Charges:

1.       Road Safety Act, Section 30(1) – driving a motor vehicle whilst licence is suspended

 2.        Road Safety Drivers Regulations, Section 56(1)(b) – failing to display a visible P plate at the front of vehicle

 3.        Road Safety Drivers Regulations, Section 68(1) – failing to notify VicRoads of a change in address within 14 days

Possible penalties our client was facing:

 Charge 1:  

A fine of up to $47,421.60

Up to 2 years imprisonment

Charge 2:

 A fine of up to $592.77 (or 3 penalty units) 

Charge 3:

 A fine of up to $592.77 (or 3 penalty units)

 Facts of the case:

 Our client was a probationary driver. The police’s automatic number plate recognition system detected that the owner of our client’s car did not hold a valid licence. Further checks with VicRoads showed that our client’s licence was suspended.

The police noted that there was no P plate on the front of the vehicle. When our client was asked to give her name and address to the police, her address did not match with her licence. She then told the police that she was yet to update this on VicRoads.

 Negotiations with prosecutors:

 Before the case, our barrister negotiated with prosecutors that on the basis our client pleads guilty to charges one and three, charge two would be withdrawn. This was agreed by both parties.

 Result in Court:

 Our client’s case was adjourned for a year without conviction (a good behaviour bond). This means that if our client commits no offences for the following year, she will receive no conviction, no loss of licence or a fine.

Case Study – Driving While Suspended due To Unpaid Fines - Melbourne Magistrates’ Court  

 The Court: Melbourne Magistrates’ Court 

 The Date: April 2025  

The Charges:  

 1. Road Safety Act 30AA – driving while licence suspended due to unpaid fines

 This is a different type of driving while suspended offence. It only applies if the reason your licence was suspended is for unpaid fines.

 Possible penalties our client was facing:  

 Under section 30AA of the Road Safety Act, a person who is found guilty is liable for a fine of up to $1,975.90. 

Facts of the case:  

Our client was unaware that their licence had been suspended. 

Our client’s licence had been suspended indefinitely due to unpaid fines.  

Result in court:  

In court, our client received a fine of $300 without conviction and no loss of licence. Our client was pleased as a low-level fine was received.  

 Case Study - Drink Driving - Driving While Disqualified – Melbourne Magistrates’ Court  

The Court: Melbourne Magistrates’ Court  

 The Date: December 2024  

 The Charges:  

1.        Road Safety Act 49(1)(b) – driving while more than the prescribed concentration of alcohol was present in her breath being any concentration of alcohol whatsoever (alleged reading 0.027)  

2.        Road Safety Act 49(1)(f) – within 3 hours of driving, the accused furnished a sample of breath which contained alcohol over their prescribed concentration (alleged reading 0.027)   

 3.        Road Safety Act 30(1) – driving during a period of disqualification  

 Possible penalties our client was facing:  

 Charge 1:  

 A fine of up to $3,951.80 and a licence loss  

 Charge 2:  

 A fine of up to $3,951.80 and a licence loss  

Charge 3:  

 A fine of up to $47,421.60 or imprisonment for up to 2 years  

 The Facts:  

 Our client entered a preliminary breath test station on the side of the road. Our client underwent a Preliminary Breath Test and as a result, police formed the opinion that alcohol was present in the accused breath. Police checks with VicRoads revealed that our client was Victorian driver’s licence was disqualified.  

 Our client accompanied police to the on-site testing vehicle for an Evidentiary Breath Test, in which our client’s reading was 0.027, being in excess of the 0.00 limit which applied to them while on a disqualified licence. Our client was on a Community Corrections Order at the time for previous offences.  

Result in Court:  

 The court imposed a fine of $1000 without conviction and a 12 month licence disqualification. Our client was pleased with the no conviction result and a very low level fine for the offending while on a Community Corrections Order for an identical case three months earlier.