Unlicensed driving charges
Are you due to appear at the Melbourne, Ballarat, Geelong, Ringwood, Moorabbin, Frankston or Dandenong Magistrates’ Courts?
We can help. Dribbin & Brown regularly appear at the above Courts representing clients charged with unlicensed driving.
What is unlicenced driving?
Section 18 of the Road Safety Act 1986 states that a person who drives a motor vehicle under any of the following conditions is guilty of unlicensed driving:
(a) Driving without holding a drivers licence or permit;
(b) Driving in breach of an existing condition; or
(c) Driving whilst being a person who is exempt from driving are all examples of unlicensed driving.
The maximum penalty is determined by the relevant subsection of section 18 of the Road Safety Act.
If the person holds a non-Victorian drivers licence and that licence has not been cancelled for offending in Victoria or any other jurisdiction, then the maximum penalty open to the Court is 1 month in prison and 10 penalty units.
If the person has never applied to obtain a driver’s licence the maximum penalty is 3 months and/or 25 penalty units.
If the person has previously had their driver’s licence cancelled or disqualified and that person has not applied to become re-licensed by the Court then the maximum penalty is 4 months or 30 penalty units.
What are the likely penalties for driving unlicensed?
It depends on the relevant subsection as described above, but first time offenders usually receive a fine and potentially some period of loss of licence. There is no mandatory minimum period that an offender must be taken off the road in relation to an unlicensed driving charge. As per section 28 of the Road Safety Act 1986, it is discretionary.
The factors that influence whether a Magistrate exercises their discretion in your favour need to be discussed with an experienced traffic offences lawyer.
If you have been charged with unlicensed driving, call our office and speak to one of our specialist traffic lawyers – we handle these matters every day.