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Driving Disqualified

Driving – Other Traffic Offences – VIC

Welcome to the VIC Driving disqualified article page. Everything you need to know about Driving disqualified according to VIC law.

What the Law States according to VIC Law for Driving disqualified

According to VIC Law for the charge of 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.

The Maximum Penalty – Driving disqualified

According to VIC Law for the charge of Driving disqualified:

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 Police must prove according to VIC Law for Driving disqualified

1. A person drove a motor vehicle on a highway.
2. The person was suspended or disqualified from driving.

Possible Defences under VIC Law – Driving disqualified

1. Factual dispute
2. Emergency

In VIC which court will hear the matter – Driving disqualified

Magistrates’ Court

Other Terms/Street Names for the offence – Driving disqualified

Driving while disqualified, Driving whilst disqualified, Drive disqualified, Disqualified driving

 

Date: 01/09/2010

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