The courts treat driving while disqualified far more seriously than most people expect. The maximum penalty reaches 2 years’ imprisonment. After all, you drove in defiance of a court or statutory order. Consequently, judges regard it as an offence against the administration of justice, not an ordinary traffic matter. McMahon Criminal Defence Lawyers defends these charges at the Ballarat Magistrates’ Court and across Victoria, on fixed fees.
At a Glance
| Offence | Driving while disqualified or suspended |
|---|---|
| Law | Section 30, Road Safety Act 1986 |
| Maximum penalty | 240 penalty units or 2 years’ imprisonment |
| Fine default suspensions | Section 30AA applies instead: maximum 10 penalty units, no imprisonment |
| Further disqualification | Usually added on top of the existing period |
| Key issue | Whether you knew of the suspension |
| Court | Magistrates’ Court |
The Offence (Section 30)
Section 30 of the Road Safety Act 1986 prohibits driving on a highway while your authorisation remains suspended. Furthermore, it covers any period of disqualification. That includes disqualification a court imposes, disqualification under the Act or regulations, and disqualification by force of the Sentencing Act 1991.
The maximum reaches 240 penalty units or imprisonment for 2 years. Notably, imprisonment becomes a realistic outcome for repeat offending. In addition, the court will usually add a further period of disqualification on top of the existing one.
The Fine Default Exception
Here is a distinction many people miss. Section 30AA creates a separate, far less serious offence. It applies where your suspension arose under Part 8 of the Fines Reform Act 2014. In other words, unpaid fines caused it, rather than a court order or demerit points. The maximum penalty is 10 penalty units. Moreover, it carries no imprisonment.
So if police charged you under section 30, but fine default caused your suspension, the lesser section 30AA offence may be the correct charge. We check this first.
“I Did Not Know I Was Suspended”
This issue arises constantly, and it genuinely matters. Your knowledge of the suspension bears on liability. For example, many people never learn of a suspension because the notice went to an old address. However, the Act addresses this directly. A court may extend a suspension period even where it finds you not guilty for want of knowledge. Therefore tell your lawyer immediately if you did not know. It may prove central to your defence.
Defending the Charge
- Lack of knowledge of the suspension or disqualification, particularly where the notice never reached you.
- Wrong charge. That is, your suspension arose under the Fines Reform Act, so the lesser section 30AA offence applies.
- You were not driving, or not driving on a highway.
- The suspension had expired, or never validly took effect.
- Mitigation. On a plea, we work to avoid imprisonment and limit further disqualification.
Because imprisonment remains a real possibility, especially for repeat matters, get advice before your court date. Contact us to discuss your charge. See also our driving offences page.
Frequently Asked Questions
Can I go to jail for driving while disqualified?
Yes. Section 30 of the Road Safety Act 1986 carries a maximum of 240 penalty units or 2 years’ imprisonment. Notably, imprisonment becomes a realistic outcome for repeat offending. After all, the courts treat driving in defiance of a court order seriously, rather than as an ordinary traffic offence.
What if unpaid fines caused my suspension?
Then a different and much less serious offence applies. Section 30AA covers driving while suspended under Part 8 of the Fines Reform Act 2014. The maximum is 10 penalty units, with no imprisonment. Therefore, if police charged you under section 30 for a fine-related suspension, the charge may be wrong.
I did not know I was suspended. Is that a defence?
It can be. Your knowledge bears on liability. For example, many people never learn of a suspension because the notice went to an old address. Raise it with your lawyer immediately. However, note that a court may still extend the suspension period in some circumstances.
Will the court add a further disqualification?
Generally, yes. On a finding of guilt the court will usually impose a further period of disqualification on top of the one you already serve. Consequently, limiting that additional period becomes an important part of preparing the plea.
Is this a traffic offence or a criminal offence?
The courts treat it as considerably more serious than an ordinary traffic matter. After all, it involves driving in defiance of a court or statutory order. That shows in the 2-year maximum penalty, and in sentencing practice for repeat offending.
Get Expert Legal Advice. Fixed Fees, No Surprises.
Driving while disqualified carries up to 2 years’ imprisonment. Contact us before your court date for a free, confidential consultation.
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