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