Appealing Licence Suspension VIC

On November 12, 2020, the Victorian Parliament passed new licence suspension laws. Those laws were introduced to combat excessive speeding offences and serious motor vehicle offences.

As of November 2020, a person’s licence will be immediately suspended if – 

• That person is detected driving 45km/h or more above the speed limit, or
• That person is detected driving 145km/h or more above the speed limit in a 110km/h zone (your vehicle will also be impounded), or
• That person uses a motor vehicle to commit a serious offence: murder, attempted murder, causing serious injury (intentionally or recklessly), or a gross violence offence.

Is your licence Suspended or Disqualified?

The law makes a distinction between driving while suspended and driving while disqualified. 

Driving disqualified is more serious than driving suspended. 

A suspended licence is automatically re-instated once the suspension period has ended. 

A disqualified licence means a driver is disqualified from obtaining their licence for a period determined by the Court. The licence can only be reinstated by the Court after the disqualification period has ended. Depending on the offence, the driver may also be required to complete an approved behaviour change program.

Please note: If your licence is cancelled or disqualified you cannot drive at all. While some Australian States allow licences to be reinstated with conditions, conditional licences are not available in Victoria. This means that in Victoria your licence will not be reinstated during the suspension period with an interlock condition, for example.

Driving while Suspended

If your licence has been suspended you cannot drive during the specified suspension period (i.e., 3 months). Once that period has concluded, VicRoads will give you back your licence. After that, you will be able to drive again.

If you are found driving while suspended you are liable to a maximum fine of 10 penalty units.

After receiving your fine you have the following options:

• Pay it straight away 
• Pay it by the due date
• Ask Fines Victoria to put you on a payment plan
• Convert the fine to Community Work hours

Please note, if you don’t pay the fine by the due date, Fines Victoria are likely to increase the penalty amount. After the ‘Final Notice’ payment date has expired, the Court can issue a warrant for your arrest.

At your Court hearing, inform the Magistrate about your income, your outgoings and whether you support a family or otherwise have dependants.

Driving while Disqualified

If have been disqualified from driving it means your licence has been cancelled and you have been disqualified from obtaining a licence for a set period. This is usually ordered following subsequent offence/s. 

You will be prohibited from driving until your disqualification period has ended.

To prove a charge of driving while disqualified, the police must show: 

• You drove a motor vehicle on a road or highway; and
• You drove a motor vehicle while you were disqualified.

The maximum penalty for driving while disqualified is 240 penalty units or 2 years imprisonment. 

On a subsequent offence of driving while having disqualified the Police can impound or immobilise your vehicle for 30 days. On subsequent offences, the Police can make an application before the Magistrate to impound or immobilise your vehicle for a period not exceeding 3 months.

As mentioned, once the disqualification period is over, and because your driver’s licence has been cancelled, you will need to reapply for your licence.

Criminal Lawyers in Melbourne

Slades & Parsons can help you with your licence suspension. We have been defending criminal charges for over 35 years in a wide range of areas. Get in touch with an expert lawyer today.

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