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Obtaining Licence by False Statements

In Victoria, Obtaining Licence By False Statements is found in section 71 of the Road Safety Act 1986. It is a criminal offence that is committed by a person who obtained or attempted to obtain a driver’s licence using false statements, including false logbooks, certificates, or registration.

Have you been accused of Obtaining Licence By False Statements? If yes, you should speak to one of our experienced lawyers who can give you strategic advice on how to handle this allegation.
 
Obtaining Licence by False Statements
Police Interview
Have you ever been interviewed by police? Do you understand when you can exercise your right to silence? Even if you have dealt with police before, and even if you have dealt with police many times previously, you should always speak to our criminal defence lawyers before participating in a record of interview.

Whether or not it is in your best interests to answer questions regarding an allegation of Obtaining Licence by False Statements, will always depend on your particular circumstances and the specific allegations against you. Our experienced criminal lawyers will provide you with clear advice about the best course to take in your unique situation.

The Police interview can be daunting and you may feel more comfortable to have someone there on your side. Our lawyers can attend the police station with you to make sure your rights are protected.

Pleading Not Guilty
If you are charged with a criminal offence, you do not have to prove your innocence. Police must prove the charges against you beyond reasonable doubt.

If you are pleading not guilty to a charge of Obtaining Licence by False Statements, you will require expert legal representation. Our experienced criminal lawyers will scrutinise the police brief of evidence, ensure that police have provided all relevant evidence, and assist you to obtain any additional evidence to assist in successfully defending the charge.

Pleading Guilty
Dishonesty offences are viewed very seriously by the Court.

If you are pleading guilty to Obtaining Licence by False Statements, our lawyers will ensure that the full circumstances of the offence are clearly explained to the Court, and that the Court is provided with appropriate character references and supporting materials to ensure that you receive the best possible outcome.
Obtaining licence etc. by false statements is the sort of charge regularly heard in the Magistrates’ Court.
 
What is the legal definition of Obtaining Licence by False Statements?

Obtaining licence etc. by false statements

A person who—

  1. by any false statement or any misrepresentation or other dishonest means obtains or attempts to obtain any driver licence, learner permit, log book or registration, or the renewal of any driver licence, learner permit or registration, or any certificate under this Act or any information to which Part 7B applies; or
  2. without lawful authority or excuse possesses any driver licence, learner permit, log book or certificate so obtained—
is guilty of an offence and liable to a penalty of not more than 10 penalty units or to imprisonment for a term of not more than 2 months, and any driver licence, learner permit, log book or registration, or any certificate so obtained is void and of no effect.1

Examples of Obtaining Licence by False Statements
  • A person declares that they have completed 120 hours of driving practice on their drivers license when they have not.
  • In a attempt to convert an overseas license to a Victorian license it is discovered that you falsified a license from a country on the VicRoads ‘recognised country’ list such as Singapore, Spain or Italy. Licenses from countries on this list can mean you may not need to take a test when apply.
Legislation
The legislation for this offence can be found on section 71 of Road Safety Act 1986.

Elements of the offence
In essence to prove this charge the Police must show that the person obtained or attempted to obtain a licence etc. by dishonest means or that a person who possesses a licence in such a manner did so without lawful authority.


[1] Road Safety Act 1986 (VIC) s 71
 
Defences to this charge can include a factual dispute, a lack of intent, or an honest and reasonable mistake of fact. The concept of beyond reasonable doubt, charges being statute barred, and sudden or extraordinary emergency may also be used depending on the circumstances surrounding the offending.

Questions in cases like this
  • Were the statements false?
  • Was there a genuine attempt?

The offence of Obtaining Licence by False Statements (s71 of the Road Safety Act 1986) carries a maximum penalty of 10 penalty units (fine of up to $1611.90 at the time of print) or imprisonment for a term of not more than 2 months; and any driver licence, learner permit, log book or registration, or any certificate so obtained will be rendered void and has no effect.