Discretionary Licence Loss for Driving Whilst Suspended in Victoria

Driving while your licence is suspended is a serious offense in Victoria with significant legal consequences. However, under certain circumstances, the court has discretion regarding whether to impose additional licence suspension periods. Here’s what you need to know about the discretionary licence loss laws and how they may affect you.

What Does Driving Whilst Suspended Mean?

Driving whilst suspended occurs when an individual operates a motor vehicle after their licence has been suspended by VicRoads, a court, or another authority. Common reasons for licence suspension include:

• Accumulation of demerit points
• Unpaid fines or infringements
• Drink or drug driving offenses

Penalties for Driving Whilst Suspended

If found guilty of driving whilst suspended, the penalties can include:

• Fines: Substantial monetary penalties apply for this offense
• Criminal Conviction: A record of conviction may be imposed
• Further Licence Suspension: The court has the discretion to extend the suspension period, depending on the circumstances of the offense

When Is Licence Loss Discretionary?

Under Victorian law, the court does not always have to impose an additional period of licence loss for driving whilst suspended. This is known as discretionary licence loss and is typically considered in cases where:

1. The offending conduct was minor or involved extenuating circumstances
2. The accused can demonstrate a genuine need to drive, such as for employment or family commitments
3. There is evidence of a misunderstanding or lack of intent to breach the suspension order

Factors the Court Considers

When deciding whether to impose further licence loss, the court takes into account:

• The reasons for the original suspension
• The defendant’s driving history and whether they have prior offenses
• Whether the defendant poses a risk to public safety
• Mitigating circumstances, such as an emergency situation prompting the suspended driving

How to Minimize the Impact of Discretionary Licence Loss

If charged with driving whilst suspended, taking the following steps can help minimize potential penalties:

1. Seek Legal Representation: An experienced solicitor can advocate on your behalf and present a compelling case for leniency
2. Provide Supporting Evidence: Documentation demonstrating the necessity of driving (e.g., employment requirements or medical needs) can strengthen your case
3. Complete a Traffic Offenders Program: Voluntarily undertaking a traffic offenders program may show the court your commitment to improving your driving behavior

Key Takeaways

Driving whilst suspended is a serious offense, but discretionary licence loss provides an opportunity for the court to consider individual circumstances when deciding on further penalties. If you are facing such charges, it is essential to seek expert legal advice to achieve the best possible outcome.

Need Help with Your Case?

At Elbob & Stephenson Legal, we provide expert legal guidance and representation to ensure the best possible outcome for your matter. If you’re facing court proceedings, we can assist you through every step of the process. Contact us to learn more about our services and to obtain our contact details. Let us help you navigate this challenging time with confidence.