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Driving Whilst Disqualified

This is more serious than you probably think. For a first offence the Court can impose a jail term of up to four months and for a second offence the Court can give a fine up to $24,000 or two years in jail.

However, 75% of our clients get to keep their licence and just pay a fine.

Everyone is different and every offence is different. Once we have spoken with you we can work out the best argument to keep you out of jail. In many cases, we can even keep your licence. We answer some of the most common questions below. Of course, if your question is not listed or you want some more information, please do not hesitate to call us on 1800 351 114 for some free advice.

Country road

Can I go to Jail?

Yes... but we do not expect our clients to get a jail term. It is possible to keep the punishment as low as a fine, but it is worth noting that you can get up to four months in jail for a first offence or two years in jail for a second offence. If your case is properly prepared, we can keep you out of jail in most cases.

Do I have to lose my licence?

No. Your personal circumstances, driving history and the circumstances of the charge before the Court will all affect whether or not you lose your licence. The Court has a general power to take your licence for this type of offence and frequently does so. We will look for a reason the Court should not take your licence.

Four wheel drive

Can I get a drive to work licence?

Unfortunately not. If the Court takes your licence away you cannot get a drive to work licence. You will have to make alternative arrangements for work, even if you depend on your licence to make a living.

What happens at Court?

If you are pleading guilty to the charge(s) then you won't need to say a word at Court. We do that for you. When it is time for your case to be heard you will be seated in the front row of the public gallery. Your Barrister will sit at the table and will speak to the Magistrate about your case. The Magistrate does not read your file before he / she comes into Court. Your Barrister will tell the Court why you were charged and will then tell the Court about all your good points – the Barrister knows what sort of things the Court is interested in.

Should I adjourn my case to get a different Magistrate?

No. In Victoria you are not allowed to "shop around" to get a different Magistrate. The Court does not allocate a Magistrate to hear your case until the night before. You and your lawyer cannot find out who the Magistrate is going to be until the morning of your case.

Some of the reasons you might seek an adjournment are:

  • To allow more time to prepare your case;
  • To obtain a character reference or report;
  • If you or your lawyer are unavailable.

Will my case get reported in the media?

This is extremely unlikely. We never talk about your case with anyone. We do not speak to the media under any circumstances. Having your case reported in the media does not help you. Having to go to Court is stressful enough without having other people know about it.

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