What is the Offence of Driving While Suspended or Disqualified?

Driving while your licence is suspended or disqualified is a serious offence under the Road Safety Act 1986 (Vic). If caught, you could face substantial fines, an extended disqualification period, and even imprisonment.

What’s the Difference Between Suspension and Disqualification?

• Licence Suspension — A temporary withdrawal of your licence, often due to unpaid fines, excessive demerit points, or immediate police suspension.
• Licence Disqualification — A court-imposed penalty that prevents you from holding a licence for a set period. You must apply for a new licence once the disqualification period ends.

Regardless of how your licence was lost, driving while suspended or disqualified is a strict liability offence, meaning police do not need to prove intent—you are automatically guilty if caught driving.

What the Prosecution Must Prove

For a conviction, the Prosecution must establish:

1. You were driving a motor vehicle — Includes being in control of a vehicle on a public road.
2. Your licence was suspended or disqualified at the time — Verified through VicRoads records.
3. You knew or should have known about the suspension/disqualification — This is usually proven through prior notifications from VicRoads or a court order.

Penalties for Driving While Suspended or Disqualified in Victoria

The penalties for driving while suspended or disqualified are severe, particularly for repeat offenders.

• Licence Disqualification — Discretionary for all offences.
• Fines — Up to 240 penalty units (over $50,000).
• Imprisonment — Up to 2 years for repeat offences.

Possible Defences to Driving While Suspended or Disqualified

✓ Lack of Knowledge — If you were not properly notified of the suspension or disqualification.
✓ Emergency Situation — If you were driving due to a genuine medical or life-threatening emergency.
✓ Mistaken Identity — If someone else was driving your vehicle.
✓ Honest and Reasonable Mistake — If there was an administrative error in the suspension notice.

Charged with Driving While Suspended or Disqualified? Contact Us for Expert Legal Advice

If you have been charged, it is crucial to seek legal advice as soon as possible. A conviction can result in a criminal record, loss of licence, and financial penalties. Our experienced traffic lawyers at Elbob & Stephenson Legal can assess your case, explore possible defences, and work to minimise the impact on your life.

☎ Contact us today on 1800 117 533 to schedule a consultation.