Driving Whilst Disqualified

Being charged with driving whilst disqualified is one of the more serious traffic offences in Victoria. Unlike a licence suspension, a disqualification is usually imposed by a court following a criminal conviction. 

If you drive during a period of disqualification, you may face substantial fines, a further period of disqualification and, in some cases, imprisonment. If you have been charged with driving whilst disqualified, it is important to obtain legal advice before attending court.

What Is Driving Whilst Disqualified?

Driving whilst disqualified occurs when a person drives a motor vehicle during a period in which they have been disqualified from holding or obtaining a driver licence.

A court may disqualify a person from driving following offences such as:

• Drink driving.

• Drug driving.

• Dangerous driving.

• Serious speeding offences.

• Other serious traffic or criminal offences.

During the period of disqualification, you are not legally permitted to drive. Doing so is a separate criminal offence, regardless of why the original disqualification was imposed.

What Must the Prosecution Prove?

To obtain a conviction, the prosecution must prove beyond reasonable doubt that:

• you drove a motor vehicle;

• the driving occurred on a road or road-related area; and

• you were disqualified from driving at the time.

The prosecution will usually rely upon court records and VicRoads records to establish that the period of disqualification was in force.

What Are the Penalties?

Driving whilst disqualified is treated more seriously than many other traffic offences because it involves driving in breach of a court-imposed prohibition.

The court has the power to impose:

• a criminal conviction;

• a substantial fine;

• a further period of licence disqualification; and

• imprisonment, particularly for repeat offenders or where there is a poor traffic history.

The sentence imposed will depend on a range of factors, including your prior convictions, the reason for the original disqualification, the circumstances of the driving and whether any other offences were committed at the same time.

Can Driving Whilst Disqualified Charges Be Defended?

Yes.

Like every criminal offence, driving whilst disqualified charges can be defended if the prosecution cannot prove every element of the offence beyond reasonable doubt.

Potential issues that may arise include whether:

• the period of disqualification had already expired;

• the prosecution has correctly identified you as the driver;

• the records relating to the disqualification are accurate; or

• there are deficiencies in the prosecution evidence.

Every case should be assessed on its own facts before deciding whether to plead guilty.

What If I Didn’t Know I Was Disqualified?

Some people are unaware that they have been disqualified, particularly where they were not present in court when the order was made or where correspondence has been sent to an old address.

Whether this provides a defence depends on the circumstances. In some cases, there may be legal issues surrounding notification of the disqualification or the validity of the order itself. These matters require careful consideration before any plea is entered.

Should I Plead Guilty?

Whether you should plead guilty depends on the evidence and your individual circumstances.

Before making that decision, it is important to understand whether the prosecution can prove the charge, whether any legal defences are available and what sentence is likely if you are convicted.

Seeking legal advice before attending court ensures you understand your options and any opportunities to minimise the consequences.

Speak to Wilkinson Lawyers

If you have been charged with driving whilst disqualified, Wilkinson Lawyers can help. We regularly represent clients charged with serious traffic offences throughout Victoria. We can review the prosecution evidence, advise whether the charge can be defended and present submissions aimed at achieving the best possible outcome in your case.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.