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Driving while a license is disqualified or suspended is a traffic offense

When a driver’s license is suspended or disqualified because he has been found guilty of a traffic offence, he cannot drive a vehicle during the period of suspension or disqualification. To drive a car during the period of suspension or disqualification is a separate traffic offence.

Suspension or disqualification and cancellation of a driver’s license are penalties for driving under the influence of alcohol or drugs or driving with prescribed concentration of alcohol. The summary suspension, disqualification or cancellation of a license may be summary and immediately effective as when the police issue an infringement notice upon the driver for DUI or PCA.

The summary or immediate suspension, disqualification of the license is only for a limited time—it usually lasts only until the hearing in court. The summary suspension or disqualification along with the summary penalty of the payment of a fine may still be appealed in court. In this case, the suspension or disqualification and the payment of the fine may be set aside. If however the court finds the suspension or disqualification of the license merited because the police were able to prove that the driver did commit the traffic offence, then the court may use its discretion and make the period of suspension or disqualification longer.

If you are caught driving at the time that your license has been suspended or disqualified, you will be charged with another traffic offence under Section 30 (1) of the Road Safety Act of 1986. You may be imprisoned for four months on the first offence up to two years for a subsequent offence. One possible defence an accused driver may raise is the defence of necessity.

One possible circumstance where driving while one’s license is suspended can be justified is if the driver was operating a vehicle in a medical emergency: for instance a close family member or a stranger needs immediate medical attention and the driver, while knowing that his license has been suspended or disqualified drives the family member or stranger to the nearest hospital. 

If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers. Criminal lawyers Melbourne,Criminal Lawyers Sunshine, Victoria,Criminal Lawyers Dandenong

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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