Driving on a Suspended License? What You Need to Know About Driving Offences in Victoria
- Shaun Pascoe
- Oct 15
- 3 min read
Driving with a suspended licence is a serious offence under the Road Safety Act 1986 (Vic). This article will help you understand the elements of the offence, potential penalties, available defences, and likely sentencing outcomes.
Table of Contents
How Does a Licence Suspension Happen?
In Victoria, your driver's licence can be suspended either by administrative action from VicRoads (for example, due to demerit points) or by a court order as a result of penalties for offences like speeding or drink/drug driving.
The Offence of Driving on a Suspended License
The offence of Driving Whilst Licence Suspended is a summary offence and is prosecuted under Section 30 of the Road Safety Act 1986 (Vic).While there was a time when a second offence carried a mandatory prison sentence, law reform has removed this requirement.
However, it remains one of the more serious offences under the Road Safety Act 1986 (Vic).
What the Prosecution Needs to Prove
Elements of the Offence
To prove you drove whilst your licence was suspended, the prosecution must establish these three elements:
You were driving a motor vehicle.
You were driving on a highway (as defined by the Road Safety Act).
Your authorisation to drive was suspended at the time.
Penalties for Driving with a Suspended Licence
Section 30 of the Act outlines a maximum penalty of 240 penalty units or 2 years imprisonment for this offence.
Additionally, under Section 28 of the Road Safety Act 1986 (Vic), the Court has the discretion to impose a further period of licence suspension.
As a summary offence, cases of driving with a suspended licence are most often heard in the Magistrates' Court. However, if you're facing other serious indictable offences (like dangerous driving causing death), this charge might be heard in a higher court. The penalty you receive will depend on many factors, including your past driving history and any previous offences for driving whilst suspended.
Sentencing Outcomes for the Offence of Driving on a Suspended License
As a very basic guide of what to expect as a court outcome for Drive whilst license suspended here is a look at sentencing statistics from the Sentencing Advisory Council (SAC) for the period of 1 July 2016 - 30 June 2019 for driving whilst disqualified (which covers suspended licences):
Imprisonment: 23.4%
Community Correction Order: 20.6%
Fine: 49.1%
Adjourned undertaking/discharge/dismissal: 5.9%
Possible Defences
One of the most common defences argued for driving whilst suspended is a defence of honest and reasonable mistake of fact. To successfully argue this, you must show:
You honestly believed your licence was not suspended at the time of the offence.
This honest belief was based on reasonable grounds.
Contact us to discuss your situation
If you are charged with driving on a suspended license it is important to obtain prompt advice. Often the difference between keeping or losing your license or keeping it will turn upon how well prepared your case is.
For a free assessment of your case where we can take some instructions and discuss your options, contact us today.
