In Victoria, driving while disqualified is prohibited on all Australian roads under the Road Safety Act of 1986. The maximum penalty for driving whilst your driver's licence is disqualified is 2 years' imprisonment or 240 penalty units, or both. That being said, it’s quite rare for the maximum penalty to be given out.
If you or a loved one has been charged with this offence, then read on to find out more. Alternatively, call our experienced traffic lawyers at Josh Smith Legal to help you avoid the worst possible consequences for this offence.
Legal Consequences for Driving While Disqualified
Driving while disqualified in Victoria carries severe legal penalties. These penalties can vary depending on factors like the individual's driving history, the circumstances of the offence, and whether it's a first-time or repeat offence. These penalties include:
Fines
Disqualified driving offenders can face hefty fines, capped at 240 penalty units. Since one penalty unit is $192.31, the maximum fine translates to $46,154.40.
Fined offenders will receive fine collection statements and must pay their fines to Fines Victoria within the stipulated date. Failure to do so attracts a fine notice of final demand, which gives offenders 21 days to pay the fine or risk enforcement action.
Imprisonment
Disqualified driving offenders risk serving at least one year and a maximum of two years in prison. It's unlikely for first-time disqualified driving offenders to receive the maximum sentence. However, driving while disqualified may attract lengthier sentences if your charges are taken to a higher court. This usually occurs when the disqualified driving was in conjunction with an indictable offence like dangerous or culpable driving causing death.
Extension of Disqualification Period
The disqualification period is when a person cannot drive legally and is banned from driving on public roads. The law does not make it mandatory for magistrates to extend offenders' disqualification period for driving while disqualified. However, magistrates may do so at their discretion after considering specific circumstances. They also do not have a limit for how long they can extend the disqualification.
Vehicle Impoundment or Immobilisation
Driving while disqualified could also lead to vehicle impoundment or immobilisation. This happens if the offender has been charged with a hoon offence within the last six years. Impoundment for disqualified driving involves locking up offenders' vehicles at the Vehicle Impound Unit in Raglan Street, Preston, for between 30 and 45 days. On the other hand, immobilisation means installing wheel clamps, steering locks, and engine immobilisers for up to 12 months.
Possible Defences for Driving While Disqualified
Getting charged with disqualified driving does not mean you will automatically get punished. Offenders who put up strong defences can walk scot-free or receive lighter sentences. Here are a few possible defences for disqualified driving:
Honest Mistake
Offenders can defend themselves by claiming they were unaware their licences were disqualified. The defence is that the offender sincerely had no idea they were disqualified from driving. However, ignorance is no defence in a court of law, so they must provide a valid reason for their ignorance. For instance, they could argue they did not receive any notification of their disqualification in written or electronic form. This defence is easy to pull off for first-time offenders. The opposite is true for repeat offenders unless they have the backing of experienced lawyers. If the defence is successful, the magistrate may acquit you of the charges entirely. Alternatively, they may issue an extension of the disqualification period.
Invalid Disqualification
Individuals charged with driving while disqualified can argue their disqualification was uncalled for as a defence. They may also claim the judicial officer or administrative agent did not follow due procedure during their disqualification. In such cases, the court will nullify the invalid disqualification and the disqualified driving charge.
Non-Public Road Driving
Driving while disqualified is only illegal on public roads. Individuals cannot be charged with driving on private roads or roads outside Victoria's public road network. This defence holds provided they do not violate other traffic laws.
Roadside Drug Tests in Victoria
In Victoria, roadside drug tests are conducted to ensure drivers are not under the influence of drugs while operating a vehicle. These tests can detect the presence of THC (the psychoactive component in cannabis), methamphetamine (found in crystal meth, ice, and speed), and MDMA (also known as ecstasy). If a driver tests positive for any of these substances, they can face severe legal consequences, including fines, licence suspension, and even imprisonment. It is crucial for drivers to understand the implications of these tests and to seek legal advice if charged with a drug-related driving offence.
Charged with Driving While Disqualified? We're Here to Help
Driving while disqualified in Victoria, Australia, is a serious offence with far-reaching consequences. It not only carries legal penalties but also poses risks to public safety and can have profound personal and social impacts on individuals and communities.
Have you recently been caught driving while disqualified? Our team of highly qualified lawyers can help you build a defence that helps you avoid the worst consequences of this offence. We will investigate the circumstances surrounding your incident and ensure you get off lightly. We will also guide you through the process and help you understand and protect your legal rights. Call us today on 03 9733 2344 to request a free case evaluation.
