Driving Whilst Suspended
In Victoria, it is an offence with reference to the Road Safety Act 1986 section 30AA. It is stated:
A person must not drive a motor vehicle on a highway while that person’s driver licence or learner permit is suspended.
What the Prosecution will need to prove?
To be convicted of an offence under this section, the police must prove beyond reasonable doubt that:
- The accused drove a motor vehicle on a road or road related area;
- That the accused drove while their licence was suspended.
Possible Defences
There can be a number of defences given, as every case is unique. Generally, the possible defences can be:
- The defence of honest and reasonable mistake of fact;
- You must give evidence that you were unaware at the time of driving that your licence was suspended.
The court can still disqualify you even if it is satisfied that you didn’t know you were suspended at the time of the offence and finds you not guilty, depending on the circumstances of your case.
Maximum Penalties
The maximum penalty for this offence that can be imposed by the courts is:
- A fine of 10 Penalty Units
In addition, the court can cancel your licence and disqualify you from getting a licence for a further period. There is no limit on this period. You cannot get a licence to drive to work or some other special permit.
Where will the case be heard?
These charges will be heard in the Magistrates court.
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