Drive While Disqualified
Driving While Disqualified
Going to Court For Driving While Disqualified?
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Phil is a Barrister with over 25 years-experience. He combines a thorough knowledge of the law with a practical approach that his clients appreciate. He is dedicated to working hard for each client and is focused on delivering the best possible outcome in every matter.
In the course of his 25+ years as a Barrister, Phil has appeared for thousands of clients across a wide range of cases. A considerable part of his day-to-day work involves representing clients who have been charged by the Police with driving while Disqualified or Suspended.
Driving While Disqualified Barrister
Phil recognises that the Court process can be an extremely stressful experience for the person charged as well as for their partners, parents and family. For this reason, Phil will always take the time to thoroughly explain to each client the steps that are involved in achieving the best outcome in the circumstances. He will explain the “legal speak” in a way that makes sense. He will meet with you in person and he is also available via text, phone and email to answer any questions that you may have.
Been charged with Driving While Disqualified?
The offences of driving while Disqualified or Suspended are offences under Section 30 of the Road Safety Act 1986.
Driving While Disqualified Penalties in Victoria: What to Expect
I have represented hundreds of Disqualified and Suspended drivers since becoming a Barrister in 1999. If you are charged with driving while Disqualified or Suspended, it’s important to seek sound legal advice. You may actually have a defence to the charge and I will advise you in relation to this. Even if you don’t have a defence, there are some very important steps involved in properly preparing your case for a plea of guilty.
It’s important to understand that there is NO mandatory licence loss associated with driving while Disqualified or Suspended. This being the case, the aim of the game is to keep you on the road.
Driving while Disqualified or Suspended are regarded as serious offences by both Parliament and the Courts. This is reflected in the possible sentencing options available to a Magistrate when dealing with these matters. Under the Road Safety Act, anyone who commits these offences can be fined heavily and even be at risk of imprisonment.
Driving While Suspended
Losing your licence
When I prepare a case for someone who has been caught driving Disqualified or Suspended, all the preparation is geared towards keeping you on the road. While a Magistrate does have a discretion to further suspend your licence, thorough preparation will maximise your chances of staying on the road.
Matters that a Court will usually consider when formulating a penalty
- Was your licence Disqualified or Suspended due to a penalty notice, a Court order or the result of a demerit point suspension via VicRoads?
- How many months into your suspension period were you caught?
- Have you got previous driving history and, in particular, do you have a prior Court appearance for driving Disqualified or Suspended?
- Is your offence aggravated by other offending (for example, speeding, drink/drug driving, hoon driving or an accident?)
- Do you have any personal challenges such as family troubles, mental health or medical issues?
- What is your financial position and to what extent does your employment rely on your ability to drive?
What you must do if your licence is Disqualified
If a Magistrate further suspends your licence, you cannot drive until your period of suspension has finished. Unfortunately, in Victoria, there are no exceptions to this. For example, you cannot drive for the purposes of work or to pick up your children from school or even to drive a friend or parent to a medical appointment. There are no special licences or circumstances that allow you to drive during a period of disqualification or suspension in Victoria.
Impounding your vehicle
If you get pulled over by the police for the offence of driving while Disqualified or Suspended, the police have the power to impound your vehicle for an initial period of 30 days. This is quite common and it is both inconvenient and costly. This process will usually cost in excess of $1000 inclusive of towing and storage fees and will vary depending on where the offence took place. Towing fees can vary, especially if you were caught driving in a remote area.
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Alternative sentencing options in Melbourne for driving while Disqualified or Suspended
- Adjourned Undertaking (Good behaviour bond)
- Fine with or without conviction
- Community Corrections Order
- Jail sentence (up to 2 years)
Is Driving Disqualified a Crime?
Driving while Disqualified or Suspended is a summary offence, which means it’s heard and determined in the Magistrates’ Court. The outcome will appear on your Court history. In some circumstances it may also show up on a National Police Check.
Disqualified Driving Melbourne
It’s crucial that you understand your rights in relation to the offence of driving Disqualified or Suspended. The decision to seek legal advice is crucial to understanding your rights, to explore possible defences, and to minimise penalties. The right advice will make a big difference and will assist you to move forward with the confidence to make an informed decision.
Should I get legal representation for my Court appearance?
While there is no obligation to be represented at Court, the presence of a Barrister definitely sends the right message to the Court. Among other things, it shows the Court that you are taking your matter very seriously. Magistrates often comment on the fact that a person has sourced and engaged legal representation. It also demonstrates to the Court that you have gained an appropriate level insight and remorse.
Disqualified Driving Victoria
As a combination, sound representation, and the demonstration of appropriate remorse, generally increase your chances of keeping your licence. I will work extremely hard to keep you on the road and to minimise the overall impact for you and for those that depend on you. I am very happy to discuss your options with you in order to achieve the best possible outcome.
Being charged by the Police can be very stressful
Over many years I have come to recognise that there are a variety of reasons why people find themselves charged with Disqualified or Suspended driving. It’s easy to feel like a criminal, even if it’s your first time before a Court. After more than 25 years in the Criminal Courts, I recognise that good people often find themselves charged with Disqualified or Suspended driving. This can be a very stressful situation to find yourself in.
Driving While Disqualified Jail Sentences
Minimise the potential impact on you and your livelihood
Disqualified driving Community Corrections Orders
Disqualified driving charges Victoria
Common reasons for offending are as follows
- An uncharacteristically bad decision
- Driving in order to maintain your employment
- Challenging personal circumstances
- Mental health or family struggles
- A misunderstanding about your rights and obligations
- Peer group pressure
- A lack of options regarding alternative transport arrangements
- The lack of effective and reliable public transport
- Being uninformed about the potential penalties for driving while Disqualified or Suspended
Driving Disqualified Offences Melbourne
Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner who understands the complexities of both the process and the law.
Where do you go from here?
In preparation for your Court date, I will meet with you personally, listen to your side of the story, analyse the facts and provide advice on the law. I will also make suggestions about individuals and agencies that can assist with the preparation of appropriate reports that will help to minimise your penalty and provide an overview of your personal circumstances. I will also make recommendations about suitable and appropriate personal character references.