Driving While Disqualified or Suspended

Written by Justin Chua, Principal Solicitor, Chua Tan Associates. Last reviewed 17 October 2026. General information about Victorian law, not legal advice.

This page is for people charged with driving while their licence was suspended, cancelled or while disqualified in Victoria. The charge is usually straightforward to prove, so the real questions are what penalty and further licence loss you face, and what you can do before court to put yourself in a better position.

The law

Section 30 of the Road Safety Act 1986 (Vic) makes it an offence to drive a motor vehicle on a highway while your licence or permit is suspended, or during a period of disqualification. Disqualification usually follows a cancellation, and you can also be disqualified when you do not hold a licence.

The prosecution must prove that:

• you drove a motor vehicle on a highway (generally, a public road); and
• at the time, your licence was suspended or you were disqualified from driving.

Not knowing the law is not a defence. An honest and reasonable mistaken belief that you were allowed to drive can be a defence, for example where you were never told of the suspension. The magistrate decides whether the belief was reasonable.

There is a separate, much less serious offence (s 30AA) where your licence was suspended by Fines Victoria for unpaid fines.

Maximum penalties

• Drive while suspended or disqualified (s 30): 2 years’ imprisonment or 240 penalty units.
• Drive while suspended for unpaid fines (s 30AA): 10 penalty units.

What happens, step by step

1. Intercept. Police check your licence status, often after a number-plate recognition alert.
2. Impoundment. Driving while disqualified or suspended is a hoon offence for which police can impound or immobilise the vehicle for up to 30 days, even for a first offence.
3. Charge or summons. Usually by summons or charge-sheet to the Magistrates’ Court.
4. Preparation. Get your VicRoads driving history and any suspension notices, and check how and when you were notified.
5. Hearing. Most people plead guilty. If you were not notified, a contested hearing may be appropriate.
6. Sentence and licence orders. The magistrate imposes a penalty and decides whether to extend the suspension, cancel your licence or disqualify you for a further period.
7. Appeal. You can appeal to the County Court within 28 days, but the penalty can increase.

Penalties and realistic outcomes

Sentencing Advisory Council data (SACStat) for the Magistrates’ Court from 1 July 2020 to 30 June 2023 shows that, of 14,342 cases of driving while disqualified, a fine was the most common outcome (58.9% of cases).

Courts look at why you were suspended or disqualified (a drink-driving cancellation is viewed differently from a demerit point suspension), why you drove, how far, your driving record and any earlier disqualified driving. Repeat offending increases the risk of a community correction order or imprisonment.

Practical steps that can help

• Stop driving until the suspension ends. Further offending before court is the single biggest aggravating factor.
• Bring evidence of why you drove (for example, a genuine emergency) and how losing your licence for longer would affect work or family.
• If the suspension was for unpaid fines, deal with Fines Victoria before court and keep the paperwork.
• Character references and a driving course can help show you take the matter seriously.

We cannot promise any particular licence outcome. Some licence consequences are fixed by law, and others are at the magistrate’s discretion.

Related licence rules

• Excessive speed. Excessive speeding brings a minimum licence suspension of 3 months (25 to under 35 km/h over), 6 months (35 to under 45 km/h over) or 12 months (45 km/h or more over), and at least 3 months for driving at 130 km/h or more.
• Demerit points. Full licence holders reaching 12 points in three years (probationary or learner drivers 5 points in 12 months) face a suspension of 3 months plus 1 month for every 4 extra points, or can choose a 12-month good behaviour period. Further points or licence loss in that period doubles the suspension.

Other consequences

• Further licence loss. Additional suspension, cancellation or disqualification is common.
• Vehicle. With one other hoon offence in the past six years, a court can order impoundment for up to three months; with two or more, forfeiture. An order is generally made unless you show exceptional hardship.
• Employment. Driving-dependent jobs, and some employer checks, are affected.

How we examine a case like this

• Whether, when and how you were notified of the suspension or disqualification.
• Whether the suspension was validly in place on the date, including when it started and ended.
• Whether the location was a highway within the Act.
• Whether the charge should be the lesser fines-related offence under s 30AA.
• Your reasons for driving, your record and practical steps you have taken, presented in a well-prepared plea.

Frequently asked questions

Is there mandatory jail for driving while disqualified?

No minimum jail term applies, but the maximum is 2 years and repeat offenders can be imprisoned. Fines are the most common outcome.

I didn’t know my licence was suspended. Is that a defence?

It can be, if you honestly and reasonably believed you could drive, for example because the notice never reached you. Even if found not guilty, you may still have to serve the suspension.

Will my licence be suspended for longer?

Very likely. Most magistrates extend the suspension or impose a further disqualification.

Can police take my car?

Yes. Police can impound or immobilise it for up to 30 days, and a court can order longer impoundment or forfeiture for repeat offences.

What if my licence was only suspended for unpaid fines?

That is usually a separate offence with a maximum of 10 penalty units, which courts treat less seriously.

Penalties and procedures on this page reflect Victorian and Commonwealth law as at the review date shown above. Maximum penalties are rarely imposed; the sentence in any case depends on its own facts.