What constitutes driving whilst suspended?

It is an offence to drive whilst your Victorian drivers licence was suspended. To be found guilty of the offence, the Police Prosecution must prove beyond all reasonable doubt each legal element of the offence as follows:

1. You were driving on a public road, or an area related to a public road, and
2. At the time in which you were driving, your Victorian Drivers Licence was suspended. 

Importantly, driving whilst suspended is a strict liability offence, and therefore a person’s moral responsibility is not required to be proven for the Prosecution to prove that person guilty of the offence. However, if at the time of the offending, the person held a mistaken and reasonable believe about a set of facts (their licence was not suspended), and if those facts were correct, then this would raise a valid defence against the charge. This is better known as the defence of ‘Honest and Reasonable Mistake of Fact’.

To successfully raise the defence of honest and reasonable mistake of fact, the onus is the person to establish all the following:

1. The mistake was honest,
2. The belief that formed the basis of the mistake was reasonable in the circumstances, and
3. The mistake is of fact and not law.

Further, the law recognises that in some cases people will not have the mental capacity and will not be able to know what they are doing is wrong. If it can be established that a person was suffering from some sort of mental disease, disorder, or disturbance, as distinguished from a mere lack of self-control or impulsiveness then they may also have a defence to this charge.

What are the possible penalties for driving whilst suspended?

The maximum penalty is a fine of not more than 240 penalty units (currently $192.31 for 1 penalty unit) or a term of not more than 2 years imprisonment.

Beyond the imposition of a penalty, the Court also had discretion to impose a suspension of your Victorian drivers licence for a duration that they deem suitable.

Where will my case be heard?

The charge is usually dealt with in the Magistrates’ Court, however in certain circumstances and depending on whether more serious charges are involved, the case may be dealt with in higher courts.

What to do next?

Understandably, when a person is faced with possible charges involving driving whilst suspended, they may not be in the state of mind to think clearly and often act on impulse which further complicates defending any allegations to be made by the Prosecution. Which is why it is extremely important, that you do not speak to Police or Prosecution before seeking legal advice and adequate representation.

There are many ways that a driver’s licence can be suspended under the Act including an accumulation of demerit points, a speeding fine or a more serious infringement. Whatever the reason may be, if you are caught driving a motor vehicle on a public road whilst suspended, you will be guilty of an offence under the Act.

Should you require further assistance then seek urgent legal advice without hesitation. You can call our office to discuss your case with one of our solicitors today.