Have you been charged with driving whilst disqualified?
It is an offence in Victoria to operate a vehicle whilst disqualified. A disqualification period is usually given following a prior traffic offence. Your licence to drive a motor vehicle will be cancelled. Once your disqualification period ends you will need to reapply for a new driver’s licence.
Elements of the Offence
In order to prove a charge of driving whilst disqualified, the Police must establish the following elements;
- You drove;
- On a road or highway;
- You drove while you were disqualified from holding a licence.
To drive a motor vehicle means that you were in control of a vehicle. A motor vehicle is defined as something ‘that is used or intended to be used on a highway and that is built to be propelled by a motor that forms part of the vehicle’. A ‘road’ or ‘highway’ is given its ordinary meaning and includes footpaths, nature strips or other road-related areas. ‘Disqualified’ means someone who is disqualified from driving a motor vehicle due to other traffic infringements such as DUI.
Penalties for Driving Whilst Disqualified
No mandatory penalty exists for driving whilst disqualified. The Court may still however, order you to serve the original disqualification or a portion of the period, even if you are found not guilty.
If you have been charged with driving whilst disqualified, contact us and we will be able to advise you.
Our expert team can provide you with specialist advice for your circumstances. Call one of our lawyers today on 0403381957 (Margaret) or 0478 665 548 (Shabitha) to make an appointment or simply click here.
