Written by  Joseph Burke 2014-09-13

Driving While Suspended

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The letter comes from VICROADS with all the accoutrements of a faustian pact. An offer is made to allow you to keep your license should you agree not to incur a further demerit point within a 12 month period. This is accepted, but some months later you're caught speeding.

Your license is suspended. It's real. But you decide to drive anyway. What's the harm...

Well, driving while your licence is suspended involves some real risks.

The charge of Driving While Suspended is covered by S 30 of the Road Safety Act 1986. It involves a fine and imprisonment for a period of up to  4 months for a first offence, and up to 2 years for a subsequent offence. Practically speaking, imprisonment is rarely if ever imposed for a first offence, but it is an all too common penalty for subsequent offences. Magistrates also may further suspend licenses in these circumstances.

But the real risk is the potential for driving while suspended to be regarded as an aggravating factor should a more serious offence be committed, particularly if injuries to other parties are involved. A charge of dangerous driving might not necessarily attract a sentence of imprisonment, but a contemporaneous allegation of driving while suspended may make this a foregone conclusion.



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