Author: Ophelia Hollway
Practice area: Driving Offences
Ophelia is a Senior Associate and LIV Accredited Criminal Law Specialist at Doogue + George, appearing regularly as a solicitor advocate across Victorian courts and having practised exclusively in criminal law since admission. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Ophelia authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Driving while licence suspended under the Infringements Act 2006?
This offence applies where a person drives a motor vehicle while their driver’s licence is suspended because of unpaid infringement fines. It is created by s30AA of the Road Safety Act 1986 and targets licence suspensions that arise specifically from enforcement under the Infringements Act.
Key points
- The prosecution must show the driver’s licence was suspended under the Infringements Act at the time of driving.
- The offence concerns driving a motor vehicle on a public roadway.
- Matters are dealt with in the Magistrates’ Court.
The maximum penalty for Driving while licence suspended under the Infringements Act 2006 is a fine of 10 penalty units ($2,091.00 — as at 2026–27).
Common defences may include lack of suspension at the time of driving or a reasonable belief that a valid licence was held.
Have you been accused of Driving While Licence Suspended Under Infringements Act 2006?
Police Interview
The police will conduct a field interview if they suspect you are driving with a suspended driver’s licence. That is an interview on the side of the road. Anything you tell the police during the interview will appear in the police brief even though it is not audio visually recorded. These days, a lot of police officers wear body worn camera footage and will record their conversation with you. It is important that you behave appropriately because they may play it in court if you don’t.
You should take the opportunity to call a lawyer before you are interviewed to get some advice on which questions you must answer. Our lawyers are available to take your call.
Pleading Not Guilty
You may decide to contest this charge because of a factual dispute or because of an honest and reasonable mistake as to a fact. Whatever your explanation for driving while suspended, one of our lawyers will take the time to listen to your instructions and advise you of the merits of running the defence.
One of our lawyers can represent in Court at the contested hearing, which is where evidence will be called. Our lawyers are meticulous in their approach and will ensure you get the best representation.
Pleading Guilty
If you decide to plead guilty because you accept that your drove while your driver’s licence was suspended, one of our lawyers can represent you at your plea hearing. Some people find it daunting to stand up in Court and speak to a Magistrate. Our lawyers have dedicated their careers to standing up for people in Court and have achieved great outcomes for people in the past.
Examples of Driving while Licence Suspended Under Infringements Act 2006
- Someone has not paid their speeding fines and has their license suspended. They drive their car and are pulled over by the Police.
Defences
- Your licence was not suspended at the time you drove.
- You had a reasonable belief that you had a licence.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Questions that are asked in cases like this:
- When was your license suspended?
- Did you drive on a highway while your license was suspended?
Maximum penalty and court that deals with this charge
The maximum penalty for Driving while Licence Suspended Under Infringements Act 2006 (s30AA of the Road Safety Act 1986) is a fine of 10 penalty units ($2,091.00 — as at 2026–27).
This driving is the sort of charge heard in the Magistrates’ Court.
What is the legal definition of Driving While Exceeding the Prescribed Concentration of Alcohol (Section 49.1.B)?
Driving a motor vehicle on a highway while your licence is suspended under the Infringements Act.
The Law
The section that covers this offence is section 30AA of the Road Safety Act 1986.
Did you drive while your licence was suspended?
Other Important Resources
- Infringements Act 2006
- Driving While Licence Suspended Under Infringements Act 2006
- Licence Suspensions
