- Been caught and facing
Unlicensed Driving Charges...
Phil Simpson – With over 25 years experience, Phil can assist with getting you back on the road sooner, and even the possibility of having your unlicensed driving charges dropped. Contact Phil today.
Expertise
With over 25 years experience I have represented thousands of clients in a wide variety of cases.
Clear Focus
I predominatley represent clients in driving offences, traffic offences and criminal offences.
Customer Satisfaction
My dedication to client satisfaction is unmatched, providing personalised service and exceeding expectations.
- Unlicensed Driving Charges
Been Charged With Unlicensed Driving?
Phil Simpson has been a Barrister at the Victorian Bar for over 25 years. During this time, he has appeared for thousands of clients in a wide variety of cases. Phil spends much of his time appearing in the Magistrates’ Court for people who have been charged by the Police for suspended or disqualified driving.
Phil has a thorough knowledge of the law and is also pragmatic. He is known for his down-to-earth approach. He works hard for his clients and he is determined to get each of his clients the best possible outcome.
Phil understands that the Court process can be a very stressful experience for the person charged as well as for their partners, parents and family. Sensitive to this, Phil will always take the time to thoroughly explain to every client the steps that are involved in achieving the best outcome. He will explain the “legal speak” in a way that makes sense. He will meet with you in person and he is also available via text, phone and email to answer any questions that you may have.
Unlicensed Driving Lawyer Melbourne
Driving while Unlicenced is an offence under section 18(1) of the Road Safety Act 1986.
Upcoming court case for driving while Unlicensed?
I have represented many unlicensed drivers since becoming a Barrister more than 25 years ago. If you are charged with driving while unlicensed, it is important to seek sound legal advice. You may have a defence to the charge – I can advise you on this. Even if you don’t have a defence, there are some very important steps involved in properly preparing your case for a plea in mitigation.
It’s important to understand that there is NO mandatory licence loss associated with driving while unlicensed. This being the case, the aim of the game is to keep you on the road.
Penalties for Driving While Unlicensed
Under Section 18(1A) of the Road Safety Act 1986 a person who commits an offence of driving while they are unlicensed is liable to a penalty not exceeding 60 penalty units or to imprisonment for not more than 6 months. There are some exceptions to these penalties. These are set out below in sections 18(2)(a) & (b) and 18(2A) of the Road Safety Act.
Under Section 18(2)(a) of the Road Safety Act 1986, if the court is satisfied:
(a) The person held an applicable driver licence or learner permit at some time before the commission of an offence under subsection (1) but, at the time of the commission of that offence, the person had not held an applicable driver licence or learner permit for a period not exceeding 6 months solely because the person had not renewed the applicable driver licence or learner permit; and
(b) The applicable driver licence or learner permit was not cancelled for an offence relating to the driving of a motor vehicle committed by the person-
The person is liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than one month
Under Section 18 (2A) of the Act if the court is satisfied
(a) The person-
(i) At some time within 6 months before the commission of an offence under subsection subsection (1)
(A) held and Australian driver licence (other than a driver licence or learner permit) or interstate learner permit, or a licence or permit issued in another country; and
(B) was, under the regulations, authorised to drive the motor vehicle; and
(ii) at the time of the commission of the offence under subsection (1), had resided in Victoria for a period of 12 months or less; and
(b) the licence or permit was not cancelled for an offence relating to the driving of a motor vehicle committed by the person in another State or Territory, or another country –
The person is liable to a penalty not exceeding 20 penalty units or to imprisonment for not more than one month.
What happens if I get caught driving after a previous suspension has finished but before I apply to be re-licensed?
It’s also important to note that section 18(3) of the Act sets out some very significant penalties for drivers who are currently unlicenced (but were previously disqualified) and who are caught driving in circumstances where if appropriately licenced, they would be subject to a vehicle alcohol interlock condition. This is quite a unique scenario and the right preparation is important. In these circumstances, an individual can be liable to fines up to 240 penalty units or imprisonment for not more than 2 years.
Matters that a Court will usually consider when formulating a penalty
- What are the circumstances in which you find yourself unlicensed?
- Did you simply forget to renew your licence?
- Are you an international student who has previously held a licence?
- How long have you been driving while unlicensed?
- What efforts have you made to become properly licensed?
- Since being intercepted, have you obtained your driver licence or permit or taken steps towards getting a valid licence or permit?
- Have you got previous driving history and, in particular, do you have a prior Court appearance for driving while disqualified, suspended or unlicensed?
- Is your offence aggravated by other offending (for example, speeding, drink/drug driving, hoon driving or an accident?
- Do you have any personal challenges such as family troubles, mental health or medical issues?
What you must do if your licence is suspended
If the magistrate further suspends your licence, you cannot drive or apply to be relicensed until the suspension period has ended. Unfortunately, in Victoria, there are no exceptions to this. You cannot drive for the purposes of work or to pick up your children from school or even to drive a friend or parent to a medical appointment. There are no special licences that allow you to drive during a period of suspension or disqualification.
Alternative sentencing options for driving while disqualified or suspended
- Adjourned Undertaking (Good behaviour bond)
- Fine with or without conviction
- Community Corrections Order
- Jail sentence (this is not a common outcome for unlicensed driving)
I'm often asked: Is Unlicensed Driving a Crime?
Driving while unlicensed is a summary offence, which means it’s heard and determined in the Magistrates’ Court. The outcome will appear on your Court history. In some circumstances it may also show up on a National Police Check.
It’s crucial that you understand your rights in relation to the offence of unlicensed driving. The decision to seek legal advice is crucial to understanding your rights, to explore possible defences, and to minimise penalties. The right advice will make a big difference and will assist you to move forward with the confidence to make an informed decision.
Should I get legal representation for my Court appearance?
While there is no obligation to be represented, the presence of a Barrister definitely sends the right message to the Court. Among other things, it shows the Court that you are taking the matter very seriously. Magistrates often comment on the fact that a person has sourced and engaged legal representation. It also demonstrates to the Court that you have gained an appropriate level insight and remorse. As a combination, these factors generally increase your chances of keeping your licence. I will work extremely hard to keep you on the road and to minimise the overall impact for you and for those that depend on you. I am very happy to discuss your options with you in order to achieve the best possible outcome.
Being charged by the Police can be very stressful
In my experience, there are many reasons why people find themselves charged with unlicensed driving. It’s easy to feel like a criminal, even if it’s your first time before a Court. After more than 25 years in the Criminal Courts, I recognise that good people often find themselves charged with driving offences. This can be a very stressful situation to find yourself in.
Unlicensed Driving Charges Melbourne Lawyer
Common reasons for offending are as follows:
- An uncharacteristically bad decision
- Driving in order to maintain your employment
- Challenging personal circumstances such as mental-health or family struggles
- A misunderstanding about your rights and obligations
- A lack of knowledge about Victorian laws – particularly if you are an overseas student
- Lack of support from friends or family to assist with alternative transport arrangements during your period of suspension
- The lack of effective and reliable public transport
- Being uninformed about the potential penalties for driving while unlicensed
Feeling Unsure.. Concerned...
Don't Know Your Options..?
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Possible Defences to Unlicensed Driving Charges
Caught Driving Without a License
Driving Whille Unlicensed Penalties
Minimise the potential impact on you and your livelihood
Being Charges For Unlicensed Driving in Melbourne
Driving While Unlicensed Victoria
Unlicensed Driving Charges Melbourne
Whatever the reason that you find yourself charged with an offence, it’s very important to get advice from a practitioner who understands the complexities of both the process and the law.
Where do you go from here?
In preparation for your Court date, I will meet with you personally, listen to your side of the story, analyse the facts and provide advice on the law. I will also personally make some suggestions about individuals and agencies that can assist with the preparation of appropriate reports that will help to minimise your penalty. I will also make recommendations about suitable and appropriate personal character references.
Victorian Courts I Attend For Unlicensed Driving Charges
Unlicensed Driving Charges at Ringwood Magistrates Courts
Unlicensed Driving Charges at Moorabbin Magistrates Courts
Unlicensed Driving Charges Heidelberg Magistrates Courts
Unlicensed Driving Charges at Wyndham Magistrates Courts
Unlicensed Driving Charges at Melbourne Magistrates Court
Frankston Magistrates Court in relation to Unlicensed Driving Charges
Dandenong Magistrates Court in relation to Unlicensed Driving Charges
Broadmeadows Magistrates Court involving Unlicensed Driving Charges
Neighbourhood Justice Centre relating to Unlicensed Driving Charges
Sunshine Magistrates Court for Unlicensed Driving Charges
FAQs
What courts do you attend?
When should I start the process of having a lawyer represent me?
The moment you have been faced with any charges or taken in for questioning you should make contact with a lawyer immediately.
What is better, a solicitor, lawyer or barrister?
Which Regional Court In Victoria Do You Attend?
Unlicensed Driving Charges At Regional Victorian Courts
- Ararat Magistrates Court
- Bacchus Marsh Magistrates Court
- Bairnsdale Magistrates Court
- Ballarat Magistrates Court
- Benalla Magistrates Court
- Bendigo Law Courts
- Castlemaine Magistrates Court
- Cobram Magistrates Court
Victorian Courts Unlicensed Driving Charges
- Colac Magistrates Court
- Corryong Magistrates Court
- Dromana Magistrates Court
- Echuca Magistrates Court
- Edenhope Magistrates Court
- Geelong Magistrates Court
- Hamilton Magistrates Court
- Hopetoun Magistrates Court
- Horsham Magistrates Court
Unlicensed Driving Charges At Regional Victorian Courts
- Kerang Magistrates Court
- Korumburra Magistrates Court
- Kyneton Magistrates Court
- Latrobe Valley Magistrates Court
- Mansfield Magistrates Court
- Maryborough Magistrates Court
- Myrtleford Magistrates Court
- Portland Magistrates Court
Unlicensed Driving Charges Victorian Courts
- Sale Magistrates Court
- Seymour Magistrates Court
- Shepparton Magistrates Court
- St Arnaud Magistrates Court
- Stawell Magistrates Court
- Wangaratta Magistrates Court
- Warrnambool Magistrates Court
- Wonthaggi Magistrates Court
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