Driving Disqualified in Victoria
Driving disqualified in Victoria usually relates to a situation where an offender has previously been disqualified. The disqualification is by the courts for a traffic matter and is subsequently caught driving.
This is considered to be the more serious offence because it has the added sting of relating to contempt of Court.
It should also be noted that your vehicle may be impounded, as these offences are now categorised under hoon legislation.
First time offenders can technically receive up to four months imprisonment. However second time offenders face a maximum of two years. Driving disqualified in Victoria is one of the more serious licence offences.
It is however highly unlikely that a first time offender will receive a term of imprisonment. On most occasions discretion will be exercised by the Magistrate to impose an additional period of licence loss, together with a fine.
Can I defend the charge?
Possible defences include (but are not limited to) Duress, Necessity, Identification, Factual Dispute and Honest and Reasonable Mistake (as to the status of your driver’s licence), however a Magistrate will be more strict on an individual who has disobeyed an order of the court than just someone who has driven during a VicRoads imposed suspension.
As this is a very serious offence. It is important you contact a legal professional who knows what the best approach will be for you in the circumstances.