Driving While Suspended, Disqualified or Unlicensed

Driving While Suspended

A driver’s license can be suspended for a variety of reasons including:

  1. Accumulation of demerit points
  2. Speeding over 25km/h
  3. Non payment of fines
  4. Immediate suspension following a drink driving offence.

If you have been caught driving while suspended it is illegal to drive on a road or road related area in a vehicle class to which the suspended license relates to.

Driving while suspended often relates to driving during a demerit point suspension. The suspension is often initiated by VicRoads, whereby VicRoads send the driver a letter alerting them to the fact that their points have been exceeded and a suspension is pending.

If you are caught driving whilst serving a suspension period you will be charged and required to attend court.

If you didn’t know that your license was suspended or disqualified then you may have a defence. However, your belief must have been honest and reasonable in all the circumstances. The question of reasonableness is a question that can only be answered after speaking to an experienced legal practitioner who routinely handles these types of cases.


Driving Whilst Disqualified

Driving whilst disqualified usually relates to a situation where an offender has previously been disqualified by the Courts for drink driving, dangerous driving or culpable driving and is caught driving. This is considered to be the more serious offence because it has the added sting of relating to contempt of Court.

Possible defences to driving disqualified may include such things as Duress, Necessity, Factual Dispute and Honest and Reasonable Mistake (as to the status of your driver’s license).

It should also be noted that your vehicle may be impounded, as these offences are now categorised under hoon legislation.


Driving Unlicensed

Driving unlicensed is a fairly self-explanatory offence and applies to any individual who either:

  • Does not hold a drivers license or permit, including where a license is expired;
  • Is in breach of an existing condition rendering their license invalid; or
  • Being a person who is exempt.