Driving While Suspended in Victoria: First Offence vs Repeat Offence

If you’ve been caught driving suspended, you’re probably sitting with a sick feeling in your stomach.

Most people in this spot are panicking. That’s normal. What matters now is knowing what this charge really is, what court usually does, and what you can do to stop it getting worse.

This page is about driving while suspended in Victoria and how courts tend to treat a first offence compared to a second or third offence.

I’ll keep it simple and real. I’ll also be clear about the difference between:

• what the law allows a court to do, and
• what courts usually do in practice.

If you want the basics first, see our main page on the topic Driving while Suspended

What Counts as “Driving While Suspended” in Victoria?

In Victoria, driving while suspended (or disqualified) is a criminal offence under the Road Safety Act 1986 (Vic).

The main section is section 30. In plain words, it means:

If your licence (or authority to drive) is suspended or you are disqualified, you must not drive on a public road.

This applies no matter who suspended you, including:

• a court
• VicRoads (now Transport Victoria / VicRoads functions)
• police (on-the-spot “immediate suspension” for some offences)
• Fines Victoria (licence suspension linked to unpaid fines)

Suspension vs disqualification (this matters)

People mix these up. The court doesn’t.

Suspended usually means your licence is “paused” for a set time. When that time ends, you can usually get it back without starting from zero.

Disqualified usually means you are banned from driving for a set time. Often your licence is also cancelled. When the time ends, you may need to apply again to be licensed. It’s not always automatic.

Either way, if you drive during that time, police can charge you.

“But I didn’t know I was suspended”

A lot of people say this.

For this offence, police do not have to prove you meant to break the rules. They only have to prove:

1. you were driving, and
2. you were suspended or disqualified at the time, and
3. it was on a public road (or road-related area).

Not knowing can sometimes matter later, but it depends on the facts. I explain that more below.

Fines suspension is treated differently

There is a separate section, section 30AA, for driving while your licence is suspended because of unpaid fines.

That matters because the law treats fines suspensions as less serious than suspensions linked to road safety.

So, the first job is working out which section you’ve been charged under: s.30 or s.30AA. The paperwork usually shows it.

For a deeper penalties breakdown, see Penalties and Fines for Driving while Suspended in Victoria.

First Offence: What Usually Happens

What happens in practice depends on what and how you or your lawyer says in court.

If this is your driving while suspended first offence, most people are mainly worried about two things:

1. “Will I go to jail?”
2. “Will I lose my licence for ages?”

What the law allows

For a charge under s.30, the law allows serious penalties. It can include:

• a fine
• further licence disqualification
• jail (in some cases)

Even though jail is legally available, that does not mean it is likely for a first offence.

If the charge is under s.30AA (fines suspension), jail is not part of that charge. The fine range is much lower than s.30.

What usually happens in practice (first offence)

For most first-time offenders under s.30, the usual outcomes in the Magistrates’ Court are:

• a conviction (not always)
• a fine
• extra time off the road (an extra disqualification period)

Jail is rare for a first offence, unless there are other serious factors (like dangerous driving, alcohol/drugs, or many other charges).

What makes a first offence better or worse

Courts look at the whole story, not just the charge.

Things that usually help:

• you plead guilty early (that shows you accept it)
• you have no prior similar offences
• you were driving safely (no other driving charges)
• you fix the cause of the suspension if you can (for example, sort out fines, update address details, get proof of what happened)

Things that usually make it worse:

• you kept driving over and over while suspended
• you lied to police or gave false details
• you were also speeding, drink driving, drug driving, unregistered, uninsured, or driving dangerously
• you were suspended for a serious safety reason (like drink driving) and drove anyway

Will the court “go easy” because you need to drive for work?

Needing to drive for work is common. Courts hear it every day.

It can help explain why it happened. But it is not a free pass.

Victoria does not have a “hardship licence” that lets you drive for work during a suspension. If you are banned, you are banned.

What you can do is show the court you’re taking it seriously and you have a plan that does not involve more illegal driving.

Second or Third Offence: How the Penalties Increase

If this is your driving while suspended second offence VIC, or your third, it usually feels much scarier. And yes, the risk goes up.

Not because the law suddenly changes. It’s because the court’s patience changes.

What the law allows

The same main offence (s.30) still applies. The court can still impose:

• fines
• longer disqualification
• jail

There used to be a time in Victoria when repeat offenders faced mandatory jail. That is no longer the law. Sentencing is now up to the magistrate.

So, the court has choices. But it will also look harder at protecting the public and stopping the behaviour.

What usually happens in practice (repeat offences)

For repeat offences, it is much more common to see:

• longer time off the road
• higher fines
• community-based orders (like a Community Correction Order) where the court wants something stricter than a fine
• a real risk of jail in the right (or wrong) case

This is where people start searching for repeat driving offence penalties and what happens driving suspended Victoria, because they feel like it’s getting out of control.

And this is also where small mistakes before court can hurt you, like turning up with no plan, no paperwork, and no clear explanation.

Vehicle impound risk for repeat offences

If you are a repeat offender, police may have power to impound your car under Victoria’s hoon laws. That can happen at the roadside in some situations.

Even if the car is not yours, it can still become a problem fast as it can get impounded.

Impound is separate to what the court does. It’s a big and expensive practical hit, and it often shocks people more than the fine.

Can I Go to Jail for a Repeat Offence?

Can it happen?

Yes. Jail is an option under the law for s.30.

Does it usually happen?

For most people, even on a second offence, jail is still not the most common outcome.

But it becomes a real risk when the court starts thinking:

“You’ve been warned before, and it didn’t work.”

When jail risk becomes much higher

Jail risk rises when you have things like:

• several prior driving while suspended / disqualified offences
• repeated driving while banned over a long period
• driving while suspended plus other serious driving charges
• driving while banned because of serious safety issues, then driving again
• ignoring court orders

Also, since suspended sentences are no longer available in Victoria, a jail sentence is usually actual jail.

That’s why repeat offences matter. The court may feel it needs a stronger deterrent.

Does It Matter Why I Was Suspended?

Yes. It often makes a big difference in how the case is looked at in court.

A suspension linked to unpaid fines is not the same as a suspension linked to dangerous driving.

Common reasons people are suspended include:

• too many demerit points
• immediate police suspension (drink driving, drug driving, serious speeding)
• court disqualification (often from earlier offences)
• unpaid fines (Fines Victoria)
• medical reasons (reported unfit to drive)

What the law says

Even if your lawyer and the magistrate feel sympathy for why you drove, the rule is still the same:

If you are suspended or disqualified, you must not drive.

What courts usually do with the reason

The reason doesn’t “cancel” the charge. But it can change the court’s view of blame.

For example:

• Unpaid fines suspensions are usually treated as less serious than safety-based suspensions.
• Driving while you were suspended for drink driving is often treated as more serious, because the original ban is about road safety.

It’s one of the key things a lawyer will focus on when planning your plea.

Will My Licence Be Cancelled?

It can be.

People often say “Will I lose my licence again?” but there are a few different possible outcomes.

What can happen

The court can:

• extend the time you cannot drive (extra disqualification), and/or
• cancel your licence (which means you may need to reapply later)

There is no one fixed number of months the court must add. Magistrates have broad discretion.

What usually happens

• First offence: can be extra time off the road, sometimes shorter than people fear, but still real.
• Repeat offence: longer time off the road becomes more common, and cancellation becomes more likely.

The harsh truth is this: if the court thinks you will keep driving anyway, it will use longer bans to try to stop you.

Also, Victoria does not offer “work licences”. If you are disqualified, you cannot drive at all.

What a Lawyer Can Do (and Can’t Do)

A lawyer is not there to perform magic.

A good traffic lawyer is a risk manager. They help you limit damage, avoid bad surprises, and present the facts the right way.

What a lawyer can do

• check the exact charge (s.30 vs s.30AA)
• check the dates (when suspension started, when it ended, and what you were told)
• get your driving history and work out how the court will likely view it
• advise if a defence is realistic (and if it isn’t)
• prepare a plea that actually makes sense to a magistrate
• gather the right documents (not just “I need my licence”)
• argue for the lowest safe outcome on licence loss and penalty

What a lawyer can’t do

• promise “no conviction”
• promise “no extra licence loss”
• change the facts
• talk a court into ignoring repeated offending

This is important: if you have priors, the goal is usually not perfection. The goal is stopping it from tipping into jail and stopping your licence loss becoming years.

If you want to understand the court process step by step, see What Happens in Court for Driving Offences in Victoria Step by Step Guide  

Case Study: Repeat Offender Avoids Jail with Mitigation

Here’s a common kind of case we see (details changed to protect privacy, but the pattern is real).

A client came in after being caught driving suspended again. It was not their first offence.

They were scared of jail. They were also scared of losing their job if they lost their licence for too long.

What could have happened (under the law)

Because it was a repeat offence under s.30, the court had the power to impose jail.

That was a possibility.

What usually happens in cases like this

In many repeat cases, the court looks for strong reasons to believe it will stop.

That means the court wants to see:

• insight (“I get why this is serious”)
• steps taken to fix the underlying problem (like fines, address issues, reinstatement steps)
• structure (work, family, supports)
• a plan to not drive while banned again

What changed the outcome

In this case, the client:

• pleaded guilty early
• provided clear documents about work and personal circumstances
• showed they had taken steps to address the licence issue properly
• did not have other dangerous driving charges on the day

The result was a tough penalty, but jail was avoided.

That’s what “mitigation” is. It doesn’t excuse what happened. It helps the court choose a lesser  penalty instead of the harshest one.

See our Case Studies page here of cases we have defended.

Get Legal Help Before It Gets Worse

If this is your driving while suspended first offence, the goal is to keep it from becoming a second.

If it’s already a repeat offence, the goal is to stop it escalating into jail, long bans, and car impound.

If you’ve been caught driving suspended, don’t walk into court blind. The law is strict, but outcomes are not random. They depend on the facts, your history, and how the case is put to the court.

Caught driving while suspended — again or for the first time? Speak to a lawyer before court. You may have more options than you think.