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Driving disqualified
Driving disqualified
Written by
Cassie Collier
Criminal Defence Lawyer
What the Law states - Driving disqualified
Road Safety Act 1986 - SECT 30
Offence to drive while disqualified etc.30. Offence to drive while disqualified etc.
(1) Subject to section 30AA, a person must not drive a motor vehicle on a highway while the authorisation granted to him or her to do so under this Part is suspended or during a period of disqualification from obtaining such an authorisation.
Maximum Penalty in Victoria
For a first offence: 30 penalty units or 4 months imprisonment
For a subsequent offence: 240 penalty units or 2 years imprisonment
As of May 1st 2011, an amendment to the Road Safety Act 1986 s30 under the Sentencing Amendment Act 2010 saw the abolition of a mandatory term of imprisonment for second or subsequent offences. The Courts may still sentence a person to a term of imprisonment and this offence still carries a maximum penalty of 2 years imprisonment.
What the Prosecution must prove - Driving disqualified - Vic
1. A person drove a motor vehicle on a highway.
2. The person was suspended or disqualified from driving.
Other Terms/Street Names for the offence - driving disqualified
driving while disqualified, driving whilst disqualified, drive disqualified, disqualified driving
Possible Defences - Driving disqualified
1. Factual dispute.
2. Emergency.
Which court will hear the charge of Driving disqualified
Magistrates' Court
