Driving Whilst Suspended
Being charged with driving whilst suspended is a criminal offence in Victoria and can have serious consequences for your licence, employment and future.
Many people are caught driving without realising their licence has been suspended, while others take the risk because they need to get to work or care for family members. Regardless of the reason, driving whilst suspended is treated seriously by the courts and may result in further licence loss, significant fines or, in some cases, imprisonment.
What Is Driving Whilst Suspended?
Driving whilst suspended occurs when a person drives a motor vehicle during a period in which their driver licence has been suspended under Victorian law.
A licence may be suspended for a variety of reasons, including excessive speeding, accumulating demerit points, medical reasons, or following an immediate suspension issued by police.
It is important to distinguish a suspended licence from a disqualified licence. A suspension temporarily removes your authority to drive, whereas a disqualification is usually imposed by a court following a criminal finding and generally carries more severe consequences.
What Must the Prosecution Prove?
To prove the charge against you, the prosecution must prove beyond reasonable doubt that:
you drove a motor vehicle;
the driving occurred on a road or road-related area; and
your driver licence was suspended at the time of the alleged offence.
The prosecution are not required to prove that you deliberately chose to drive whilst suspended. Instead, the focus is on whether the suspension was in force and whether you were driving.
What Are the Penalties?
The penalties for driving whilst suspended vary depending on the circumstances of the offence and your prior driving history.
The court has the power to impose:
a criminal conviction;
a substantial fine;
a further period of licence suspension; and
imprisonment, in more serious or repeat cases.
A first offence will often be dealt with by way of a fine or another sentencing order. However, repeat offending is viewed much more seriously, particularly where there is a history of disregarding court orders or traffic laws.
The court will also consider factors such as why you were driving, whether any accident occurred and your overall traffic history.
What If I Didn’t Know My Licence Was Suspended?
One of the most common questions people ask is whether they have a defence if they were unaware their licence had been suspended.
The answer depends on the circumstances.
In some cases, the prosecution may need to establish that notice of the suspension was properly given. There are also situations where an administrative error has occurred or where there is a genuine dispute about whether the suspension was validly imposed.
Whether a lack of knowledge provides a defence depends on the legislation applying to your case and the evidence available. It should never be assumed that a guilty plea is the only option.
Can Driving Whilst Suspended Charges Be Defended?
Yes.
Like every criminal offence, driving whilst suspended charges can be defended where the prosecution cannot prove every element of the offence beyond reasonable doubt.
Examples of issues that may arise include whether:
the licence was in fact suspended at the relevant time;
the suspension was properly notified;
you were correctly identified as the driver; or
there are deficiencies in the prosecution evidence.
Every case turns on its own facts. A careful review of the police brief may identify issues that significantly affect the strength of the prosecution case.
Should I Plead Guilty?
Whether you should plead guilty depends entirely on the evidence and your personal circumstances.
Before making that decision, it is important to understand whether the prosecution can prove the offence, whether any legal defences are available and what penalty you are likely to receive if convicted.
Obtaining legal advice before attending court allows you to make an informed decision and ensures any available arguments are properly presented.
Speak to Wilkinson Lawyers
If you have been charged with driving whilst suspended, Wilkinson Lawyers can help. We regularly appear in Magistrates’ Courts throughout Victoria representing clients facing traffic offences. We can assess the strength of the prosecution case, advise whether the charge can be defended and, where appropriate, present submissions aimed at achieving the best possible outcome.
Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.
