Driving While Suspended?

Phil Simpson has over 25 years experience and can assist with getting you back on the road sooner, with the possibility of having your driving while suspended charges dropped. Contact Phil today.

Driving While Suspended Lawyer

Phil Simpson Barrister

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In Victoria, the offence of driving while suspended or disqualified is a summary offence that is heard in the Magistrates’ Court. While these offences are quite common, the penalties are not.

Many people don’t realise that these offences can carry a jail sentence of up to 2 years with fines in excess of $40,000. In addition to this, a Magistrate can also make further orders against your driver licence. Navigating these charges without assistance can be problematic.

With over 25 years experience, Phil Simpson has appeared for thousands of suspended and disqualified drivers. Phil will advise you about your options and will explore possible defences, negotiate with Police Prosecutors and (as required) will prepare and present a compelling plea in mitigation on your behalf.

Seeking advice from an experienced barrister is the critical first step to understanding your rights and securing the best possible outcome so you can move forward with confidence.

Been charged with Driving While Suspended?

The offences of driving while suspended and driving while disqualified are offences under section 30 of the Road Safety Act 1986.

If you are charged with driving while suspended or disqualified, it is important to seek sound legal advice. You may have a defence to the charge – I can advise you on this. Even if you don’t have a defence, there are some very important steps involved in properly preparing your case for a plea in mitigation.

It’s important to understand that there is NO mandatory licence loss associated with these offences. This being the case, the aim of the game is to keep you on the road.

Losing your licence

When I prepare a case for someone who has been caught driving while suspended or disqualified, 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 suspended via a penalty notice, a Court order or the result of a demerit point suspension via VicRoads?
How many months into your suspension period did you get caught driving?
Have you got previous driving history and, in particular, do you have a prior Court appearance for driving while suspended or disqualified?
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?

Phil Simpson Barrister | Driving While Suspended Lawyer

Facing a charge for driving while suspended or disqualified can be stressful. The Magistrates’ Court has a wide range of penalties for these offences. Large fines, court convictions and even a possible jail sentence are all options available to a Magistrate.

It is, therefore, important to approach these matters with the right advice, experience and knowledge. Getting the right advice will assist you to understand your options with a view to achieving the best outcome.

Driving While Suspended Penalties in Melbourne: What to Expect

Potential Penalties Can Include:

Under Section 30 of the Road Safety Act 1986 (Vic), the maximum penalties are strictly enforced

First offence: Fines up to 30 penalty units or up to four months imprisonment.
Subsequent offences: Fines up to 240 penalty units (over $46,000) and up to two years imprisonment.
Additional consequences: Magistrates can impose extended suspension periods, further disqualification time, and impound or forfeit your vehicle

Common Defences Include:

A Barrister/Lawyer can assist you seeing if you have valid legal grounds to contest the charge, which may include:

Honest and reasonable mistake: You made an honest and reasonable error in fact (e.g., unaware your suspension was active).
Emergency: You were driving due to an emergency or to seek urgent medical treatment.
Improper suspension: The initial suspension was not legally valid or you were not properly notified

Having your vehicle impounded

If you get pulled over by the police for the offence of driving while suspended or disqualified, the police will often impound your vehicle for an initial period of 30 days. This is a costly process and will usually be in excess of $1000 inclusive of towing and storage fees.

Alternative sentencing options for driving while suspended or disqualified:

Adjourned Undertaking (Good behaviour bond)
Fine with or without conviction
Community Corrections Order
Jail sentence (up to 2 years)

Should I seek get legal representation for my Court appearance?

While legal representation isn’t mandatory, walking into court with a barrister makes a powerful statement. It demonstrates to the Magistrate that you are taking your matter seriously.

Magistrates often comment on the fact that people have gone to the trouble and expense of being properly represented. Crucially, it also demonstrates genuine insight and remorse — a combination that generally improves your chances of staying on the road.

My goal is to keep your licence and, therefore, your livelihood. I’m very happy to talk you through your options so that we can secure the best possible outcome.

Driving while suspended lawyers Melbourne

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Minimise the potential impact on you and your livelihood

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Driving While Suspended Victoria

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 personally make some suggestions about individuals and agencies that can assist with the preparation of appropriate reports that will help to minimise your penalty. I will also make recommendations about suitable and appropriate personal character references.

FAQ's

Can I avoid a conviction?

Depending on the nature of the offending and your personal circumstances, it is often possible to avoid a conviction. This will depend on a range of factors. Phil will be happy to discuss these matters with you.

Which Courts in Victoria Do You Work From?

I regularly attend all Melbourne Courts including:

Melbourne Magistrates Court
Heidelberg Magistrates Court
Moorabbin Magistrates Court
Wyndham Magistrates Court
Ringwood Law Courts

Sunshine Magistrates Court
Neighbourhood Justice Centre
Dandenong Magistrates Court
Frankston Magistrates Court
Broadmeadows Magistrates Court

I can represent clients at these regional Courts throughout Victoria

Ararat Magistrates Court
Bacchus Marsh Magistrates Court
Bairnsdale Magistrates Court
Ballarat Magistrates Court
Benalla Magistrates Court
Bendigo Law Courts
Castlemaine Magistrates Court
Cobram Magistrates Court
Colac Magistrates Court
Corryong Magistrates Court
Dromana Magistrates Court

Echuca Magistrates Court
Edenhope Magistrates Court
Geelong Magistrates Court
Hamilton Magistrates Court
Hopetoun Magistrates Court
Horsham Magistrates Court
Kerang Magistrates Court
Korumburra Magistrates Court
Kyneton Magistrates Court
Latrobe Valley Magistrates Court
Mansfield Magistrates Court

Maryborough Magistrates Court
Myrtleford Magistrates Court
Portland Magistrates Court
Sale Magistrates Court
Seymour Magistrates Court
Shepparton Magistrates Court
St Arnaud Magistrates Court
Stawell Magistrates Court
Wangaratta Magistrates Court
Warrnambool Magistrates Court
Wonthaggi Magistrates Court

How Much Do You Charge?

Once Phil has a clear understanding of your charges he will be able to give you an all-inclusive fixed price.