Driving While Suspended – Section 30 of the Road Safety Act

Are you going to court as a result of a charge of driving while suspended or driving whilst disqualified in Melbourne or Country Victoria?

We are an expert criminal law firm in Victoria. 99% of our work is defending driving charges. We have defended several thousand driving while suspended charges in all the suburban, country and online Magistrates’ Courts in Victoria. We don’t defend theft charges, murder, fraud etc.

Driving while suspended is a criminal offence in Victoria under section 30 of the Road Safety Act 1986. Driving on a suspended or disqualified licence is a common reason why many otherwise law-abiding Victorians find themselves facing legal proceedings. Common reasons some of our clients have been caught driving while suspended or disqualified include:

• The need to travel to work.
• The person who was supposed to pick you up for work called in sick.
• You needed to get groceries or medical supplies
• Assuming they were within their "golden point."
• Not receiving a suspension notice from VicRoads.
• Misjudging their suspension period and driving prematurely.
• A doctor failing to submit the required medical review form.
• Awaiting the outcome of a fine review request.
• You wanted take away food.

Whatever the reason, we are experts in presenting your case effectively to the Court. Because of our extensive experience we can work with any reason that you give us. We know what the Court wants to hear and more importantly which arguments the Court does not want to hear.

Are There any Defences?

These are defences for a driving while suspended charge. The most common ones are:

• The police did not see you driving. The police must prove beyond a reasonable doubt that you were in fact driving;
• The letter about your suspension was not sent to you or sent to the wrong address (honest and reasonable mistake);
• The suspension period was subsequently cancelled because of an error.

Effectively highlighting these key factors and avoiding statements that may irritate the individual Magistrate is crucial. What you need to keep in mind is that each Magistrate runs their court slightly differently. As we are in court every day, we know what to expect. Losing your licence can significantly impact your employment and family life. Without the right legal expertise and experience in court, individuals may struggle to present their case effectively and could face more severe consequences.

Understanding the Difference: Suspended vs. Disqualified License

Although the legal penalties are the same, the Court may treat these offences differently depending on the circumstances:

• Suspended License: Often results from administrative matters such as unpaid fines or incomplete medical reviews.
• Disqualified License: Generally follows a court-imposed order due to serious driving offences.

Driving while disqualified under a court order often results in stricter penalties compared to driving while suspended caused by administrative errors.

What Penalty Can You Expect if you plead guilty ?

Every case is unique, and penalties depend on factors such as your driving history, reasons for driving, and personal circumstances. Our clients who were first-time offenders often receive fines of around $1,000 when represented by our expert traffic law team. Without professional legal support, penalties can be more severe, and the risk of losing your licence increases.

In over 90% of driving while suspended cases we have defended, our clients have kept their licences. While we cannot have your existing suspension or disqualification period reduced, we can do our best to help prevent an extension.

Can I Avoid a Criminal Conviction?

In most cases, yes. We often rely on the same reasons that we used to keep your licence. However, there are other factors contained in section 8 of the Sentencing Act that the court must take into consideration when working out whether to impose a conviction. They include the social and economic impact of imposing a conviction on you.

What if I am Convicted?

Firstly, we will do everything we can to avoid a conviction. However, in some cases where you have a previous record of convictions, the court will convict you of this offence. Because driving while suspended is an offence under the Road Safety Act, it will show up on your driving history but in most cases will not preclude you from working, obtaining a visa or travelling overseas.

Why Choose Us?

With over 20 years of experience representing thousands of clients in suspended and disqualified driving cases, our legal team offers expert advice and representation.

Attempting to handle the legal system alone can result in costly mistakes and harsher penalties. We are in court to make sure that no mistakes happen in court by the prosecution or the court. Once the Magistrate gives their decision, you cannot go back to the Magistrates’ Court and have your case reheard. You would then need to appeal to the County Court which would be significantly more costly. It is important to get it right the first time.

Our approach ensures you have the best possible chance of a favourable outcome.

What to Do Next

Give us a call at 1800 351 114 and let’s get this sorted. Otherwise, email us (at info@williamarcher.com.au) a scanned copy of your charge and we will read it carefully and then discuss it with you. Our team knows exactly how to handle your case, ensuring you get the best possible outcome. Call us for an obligation free consultation.