Criminal Lawyers Melbourne
Criminal Law Specialist Melbourne, Heidelberg & Broadmeadows.

Criminal Defence Lawyers - Doogue and O'Brien

Driving disqualified charge

 

If you drive when your licence is disqualified you commit an offence of driving disqualified under section 30 of the Road Safety Act. Driving disqualified and driving suspended are both covered by the same section of the Act;

“30. Offence to drive while disqualified etc.  

(1) Subject to section 30AA, a person must not drive a motor vehicle on a highway while the authorisation granted to him or her to do so under this Part is suspended or during a period of disqualification from obtaining such an authorisation.  

Penalty:   For a first offence, 30 penalty units or imprisonment for 4 months;  

For a subsequent offence, imprisonment for not less than 1 month and not more than 2 years.”  

 

As you can see from the extract from the Act a person charged with driving disqualified has to receive a gaol term on their second offence (a Magistrate can suspend the sentence).

 

Disqualified driving is considered to be a very serious charge because a person has been told they can not drive and then breach that order by doing so.

 

Explaining what caused you to drive disqualified and detailing your personal circumstances to the Magistrate can help to give context to the drive disqualified charge. This approach is the key to dealing with these charges and achieving the best possible outcome.

 

With disqualified driving charges it is essential to get expert advice from Victorian traffic lawyers who specialize in this area.

 

Please ring us to discuss your charges on (03) 9670 5111. There is no charge for our initial discussion.

 

 

Driving disqualified charge

 
 
 

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