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Driving whilst suspended / disqualified (2nd)

For the purposes of the hoon legislation, charges relating to driving whilst suspended and driving whilst disqualified can lead to your vehicle being forfeited to the minister or impounded for up to a period of three months.

The law changed in relation to forfeiture and impoundment as of 1 October 2014. Previously there was more discretion to avoid impoundment and forfeiture applications, now it is very difficult.

Critical to resisting these applications is to avoid licence loss, which can happen in relation to the above offences and then to successfully argue that exceptional hardship applies to your case.

What is exceptional hardship is not defined, but there are certain things it cannot be and they are spelled out in section 84Z of the Road Safety Act.

Other factors that must be considered;

  • Are you the registered owner of the vehicle? If not 84Z(2) applies and should be considered.
  • Has the application been listed per the requirements of the legislation.

These applications are always fraught with difficulty, you should remember that Victoria Police do not have to persist with these applications but understably they often do.

If you are facing an impoundment or forfeiture application in relation to the above offences, you should call our office today to discuss your case with an experienced traffic lawyer.

For more information on driving whilst suspended and driving whilst disqualified click here.

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