Driving while suspended is an offence under the Road Safety Act 1986 (Vic).
It applies where a person drives a motor vehicle while their driver licence or learner permit is no longer valid due to a suspension imposed by VicRoads, the police, or a court.
Licence suspensions in Victoria commonly arise from demerit points, court-imposed penalties, immediate police suspensions, or unpaid fines.
Common reasons licences are suspended in Victoria#
A driver’s licence may be suspended for a range of reasons, including:
- Accumulating too many demerit points
- Excessive speeding offences
- Immediate suspension following drink or drug driving charges
- Dangerous or reckless driving offences
- Failure to pay fines, resulting in enforcement action by Fines Victoria
Once a suspension is in place, it remains legally binding until it is lifted or expires.
What the offence involves#
Driving while suspended includes:
- Operating a vehicle on a road or road-related area during a suspension period
- Being in control of a vehicle while not legally entitled to drive
- In some circumstances, applying for a licence while failing to disclose an existing suspension
Even short or "unintentional" driving incidents can still lead to charges.
Penalties for driving while suspended#
Driving while suspended is an offence under Section 30 of the Road Safety Act 1986 (Vic).
The maximum penalty is:
- 240 penalty units, or
- Imprisonment for 2 years
In addition, the court can in some circumstances impose a further period of licence disqualification on top of the original suspension.
The actual penalty imposed will depend on a range of factors, including the reason for the original suspension, the circumstances of the alleged offending, and the driver's prior driving and criminal history. Sentencing is at the discretion of the court.
What counts as a repeat offence?#
A person will generally be treated as a repeat offender if, within the previous five years, they have been convicted of:
- Driving while suspended or disqualified, or
- Another serious traffic offence such as drink driving or dangerous driving
Repeat offending typically results in harsher penalties and longer disqualification periods.
Possible defences#
One of the most common defences is honest and reasonable mistake of fact.
To rely on this defence, it must be shown that:
- The belief that the licence was valid was genuinely held
- The belief was reasonable in the circumstances
- The mistake relates to facts, not misunderstanding the law
Examples may include situations where:
- The suspension notice was not received
- There was confusion about the suspension end date
- Administrative errors occurred with VicRoads records
However, courts will closely examine whether the belief was truly reasonable in the circumstances.
Other defences may apply depending on the facts, such as identity (not being the driver) or evidentiary issues in the prosecution case.
Will I lose my licence?#
If you are convicted of driving while suspended, the court can in some circumstances impose a further disqualification period on top of the original suspension.
Whether a further disqualification is imposed will depend on the circumstances of the case, including the reason for the original suspension, your driving history, and any mitigating factors put before the court.
In some cases, the court may deal with the matter without recording a conviction, which can affect the outcome. Outcomes are determined on a case-by-case basis.
Will the court consider my personal circumstances?#
Yes. The court will take into account a range of personal factors when deciding penalty, including:
- Employment and financial hardship
- Dependence on a licence for family or work responsibilities
- Health or medical circumstances
- Length and seriousness of the suspension
- Overall driving history
However, these considerations are balanced against the need for punishment and deterrence.
Can I avoid a conviction?#
In some cases, the court may exercise discretion not to record a conviction.
Factors that may influence this include:
- A relatively minor or isolated offence
- A strong driving record prior to the incident
- Early guilty plea
- Evidence of remorse
- Personal hardship caused by conviction
- Participation in rehabilitation or traffic courses
Even so, a non-conviction outcome is not guaranteed and is assessed on a case-by-case basis.
Sentencing considerations#
When determining penalty, the court will also consider:
- Why the offence occurred
- The length of time the licence was suspended
- Whether the driving was deliberate or out of necessity
- Prior criminal or traffic history
- Steps taken towards rehabilitation
Sentencing aims to balance punishment, deterrence, and individual circumstances.
How Russo Lawyers & Associates can help#
Driving while suspended charges can have serious and lasting consequences, including loss of licence, fines, and a criminal record. Obtaining early legal advice is critical to understanding your options and protecting your future.
Russo Lawyers & Associates can assist by:
- Providing advice on your charges and likely outcomes under Victorian law
- Reviewing police evidence and identifying potential weaknesses in the case
- Preparing and running strong defence arguments in court where appropriate
- Negotiating with prosecutors to seek reduced charges where possible
- Making detailed sentencing submissions aimed at minimising penalties
- Assisting in applications to avoid or reduce licence disqualification periods
If you are facing a traffic-related charge in Victoria, getting legal advice early can make a significant difference to the outcome of your case.
