Driving whilst Suspended
Getting caught driving whilst suspended can cary serious penalties including fines, further loss of licence and, for repeat offenders, even jail.
Need an experienced driving lawyer?
If you’ve been charged with a driving offence, received a summons to attend court, been arrested by Victoria Police, or need urgent legal advice, obtaining early legal representation can make a significant difference to how your matter progresses.
At Wilkinson Lawyers, we practise exclusively in criminal law matters across Victoria. We regularly appear at the Ballarat Magistrates’ Court and other metropolitan and regional courts.
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Talk To An Experienced Traffic Lawyer
Being charged with a driving offence is stressful. Many clients contact us after what they describe as the worst day of their life. They are worried about losing their licence, their employment, their reputation, or even their liberty. Our role is to guide you through the legal process, explain your options in plain English, protect your rights and work towards the best available outcome based on the facts of your case.
Whether you intend to plead guilty or contest the allegations, obtaining legal advice as early as possible is one of the most important steps you can take.
Get in direct contact with Jessica Wilkinson now, and receive expert advice on how to deal with your case
What does it mean to be 'suspended'
When your licence has been suspended, it means your licence has been temporarily put on hold. Unlike a licence disqualification, your licence has not been cancelled. However, you are not permitted to drive for the duration of the suspension period.
Driving while your licence is suspended is a serious offence and can result in further penalties, including additional suspension or disqualification periods, substantial fines and, in some cases, imprisonment.
In Victoria, licence suspensions commonly arise as a result of:
Speeding offences
Accumulating too many demerit points
- Immediate licence suspensions imposed by Victoria Police for prescribed offences.
The number of demerit points you can accumulate before your licence is suspended depends on the type of licence you hold:
Full licence holders: 12 demerit points within a three-year period.
Learner and probationary (L and P) licence holders: 5 demerit points within a 12-month period, or 12 demerit points within a three-year period.
When calculating demerit points, VicRoads assesses the points based on the date the offence was committed, not the date you attend court or are found guilty. This means that even if your matter is finalised months later, the offence may still contribute towards a licence suspension if it falls within the relevant assessment period.
If you have received a notice of licence suspension, or you have been charged with a speeding offence, drink driving, dangerous driving, or another traffic offence in Victoria, Wilkinson Lawyers can advise you about your legal options, explain how the demerit point system applies to your circumstances, and help you understand the consequences for your driver’s licence.
Do I need a lawyer?
Penalties for driving while suspended can be serious, particularly for a second or subsequent offence. Typically, a first offence can be dealt with by way of a fine, however jail is also a possible sentence for repeat offenders.
You are not legally required to have a lawyer. However, criminal proceedings involve rules of evidence, legislation, court procedure and sentencing principles that most people have never encountered.
A lawyer can assist by:
- Explaining the allegations.
- Reviewing the prosecution brief.
- Identifying weaknesses in the evidence.
- Negotiating with police where appropriate.
- Preparing your plea.
- Representing you in court.
- Advising whether a charge should be contested.
- Protecting your legal rights throughout the process.
Even where the allegations appear straightforward, obtaining legal advice can significantly improve your understanding of the options available.
Talk To An Experienced Traffic Lawyer
Get in direct contact with Jessica Wilkinson now, and receive expert advice on how to deal with your case