Will I Lose My Licence for a Traffic Offence?

One of the first questions people ask after being charged with a traffic offence is whether they will lose their licence. The answer depends on the particular offence, your driving history and whether the matter is dealt with by police, VicRoads or the court. 

While some traffic offences carry mandatory licence suspension or disqualification, others leave the court with a discretion about whether your licence should be affected. Understanding the likely outcome before attending court is essential.

Which Traffic Offences Result in Mandatory Licence Loss?

Some traffic offences carry mandatory periods of licence suspension or disqualification. This means the court has no discretion to allow you to keep your licence, regardless of your employment, family responsibilities or good driving history.

Examples include:

• drink driving offences;

• many drug driving offences;

• dangerous driving under section 64 of the Road Safety Act 1986 (Vic);

• excessive speeding offences (for 25km/h or more over the limit); and

• certain offences involving refusal to provide breath or drug samples.

The minimum period of licence loss varies depending on the offence. In some cases, the legislation requires only a short period of disqualification (3 months), while more serious offences may result in years off the road.

Which Offences May Result in Licence Loss?

Not every traffic offence automatically results in losing your licence.

For some offences, the court has a discretion to impose a period of licence suspension or disqualification if it considers it appropriate.

Examples may include:

• careless driving;

• driving whilst suspended or disqualified;

• certain negligent or dangerous driving-related offences; and

• other offences under the Road Safety Act 1986 (Vic) where licence loss is available but not mandatory.

Whether the court exercises that discretion will depend on the seriousness of the offending and your personal circumstances.

Does My Driving History Matter?

Yes.

Your traffic history is one of the most important factors considered by the court.

A person with a lengthy history of traffic offending is generally more likely to receive a longer period of licence disqualification than someone appearing before the court for the first time.

The court may also consider:

• the seriousness of the current offence;

• whether anyone was injured;

• whether you have previously lost your licence;

• your level of remorse and insight; and

• your need for a licence for employment or family responsibilities.

Although personal hardship is relevant when the court has a discretion, it cannot avoid a mandatory period of licence disqualification imposed by legislation.

Can I Avoid Losing My Licence?

In some cases, yes.

If the offence does not carry a mandatory period of licence loss, your lawyer may be able to persuade the court not to impose a period of disqualification, particularly where you have a good driving record and there are compelling personal circumstances.

In other cases, it may be possible to challenge the charge itself or negotiate with the prosecution to resolve the matter by way of a less serious offence that carries different licence consequences.

Every case is different, and the available options depend on the evidence and the particular offence charged.

What If I Need My Licence for Work?

Many people rely on their licence to earn a living, travel between worksites or care for family members.

While the court will usually take those matters into account when it has a discretion about sentencing, it cannot disregard mandatory minimum periods of licence suspension or disqualification simply because losing your licence will cause hardship.

This is one of the reasons why obtaining legal advice before attending court is so important. Understanding whether the offence carries mandatory licence consequences may influence how your case is approached.

Should I Get Legal Advice?

If your licence is at risk, obtaining legal advice as early as possible is strongly recommended.

A lawyer can advise whether the offence carries mandatory licence loss, whether the prosecution can prove the charge, whether any legal defences are available and whether there is any opportunity to negotiate a more favourable outcome.

In some cases, early legal intervention can make a significant difference to the final result.

Speak to Wilkinson Lawyers

If you have been charged with a traffic offence and are concerned about losing your licence, Wilkinson Lawyers can help. We regularly represent clients facing traffic offences throughout Victoria and can advise you about the likely licence consequences, assess the strength of the prosecution case and 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.