DRIVING DISQUALIFIED. ABOUT DOOGUE & O’BRIEN Doogue & O’Brien are a specialist Melbourne criminal law firm and one of Australia’s leading firms, co-founding.

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Presentation transcript:

DRIVING DISQUALIFIED

ABOUT DOOGUE & O’BRIEN Doogue & O’Brien are a specialist Melbourne criminal law firm and one of Australia’s leading firms, co-founding the Australian Defence Lawyer’s Alliance. Doogue O'Brien George knows Criminal Law. With a total of thirteen criminal lawyers who handle only criminal matters, 7 of who are LIV Accredited Criminal Law Specialists, Doogue O'Brien George are one of the largest criminal law practises in Victoria and the largest assembled team of specialists in one firm.

DRIVING DISQUALIFIED People can be disqualified from obtaining a licence for a various reasons. Any person who is found guilty or drink driving or drug driving will have their licence cancelled and be disqualified from driving for a fixed period of time. A person who is disqualified from obtaining a licence is unable to drive during the period of disqualification and cannot drive until they have successfully applied for a new licence.

THE OFFENCE Pursuant to s 30(1) of the Road Safety Act 1986 (Vic) (“the Act”), a person must not drive a motor vehicle on a highway during a period of disqualification from obtaining a licence or permit. The Elements of driving disqualified The prosecution must prove each of the following four elements beyond a reasonable doubt for an accused to be found guilty of this offence.  The accused drove  The accused drove a motor vehicle  The accused drove on a highway  The accused was disqualified

PENALTIES For a first offence, a sentence of up to 30 penalty units ($4, as at 1 July 2014) or imprisonment for four months may be imposed. For a subsequent offence, a sentence of up to 240 penalty units ($35,426.40) or imprisonment for up to two years may be imposed. There is no associated mandatory licence loss of licence however the court may exercise the general discretion vested in it by s 28 of the Act to suspend or cancel a driver’s licence for such time as it thinks fit. Drive whilst disqualified does not attract a demerit point penalty.

CONTACT US Doogue O’Brien George Traffic Lawyers Melbourne Lvl Queen St Melbourne VIC 3000 Ph: (03) Fax: (03)