Driving Suspended, Disqualified or Unlicensed
Driving Whilst Suspended
A driver’s licence can be suspended for a variety of reasons including:
- Accumulation of demerit points
- Speeding over 25km/h
- Non payment of fines
- Immediate suspension following a drink driving offence.
If your licence has been suspended it is illegal to drive on a road or road related area in a vehicle class to which the suspended licence relates to. It may be in your best interest to contact a traffic offence lawyer Melbourne for accurate legal representation and advice.
Driving whilst 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. In this case, you will need representation from a traffic offence lawyer Melbourne.
If you didn’t know that your licence 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 licence).
It should also be noted that your vehicle may be impounded, as these offences are now categorised under hoon legislation.
Driving unlicensed is a fairly self-explanatory offence and applies to any individual who either:
- Does not hold a drivers licence or permit, including where a licence is expired;
- Is in breach of an existing condition rendering their licence invalid; or
- Being a person who is exempt.
If you have been charged with any of the above offences, contact our traffic offence lawyer Melbourne team at Drink Driving Defence Melbourne today.