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 driving unlicensed charges dropped. Contact Phil today.
With over 25 years experience I have represented thousands of clients in a wide variety of cases.
I predominatley represent clients in driving offences, traffic offences and criminal offences.
My dedication to client satisfaction is unmatched, providing personalised service and exceeding expectations.
The offences of driving while disqualified or driving while suspended are offences under section 30 of the Road Safety Act 1986.
I have represented hundreds of suspended and disqualified drivers since becoming a Barrister more than 25 years ago. If you are charged with driving whilst suspended or disqualified, 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 these offences. This being the case, the aim of the game is to keep you on the road.
Driving whilst suspended or disqualified is regarded as a serious offence by both Parliament and the Courts. This is reflected in the possible sentencing options available to a Magistrate when dealing with these matters. Under the Road Safety Act, anyone who commits these offences can be fined heavily and be at risk of imprisonment.
When I prepare a case for someone who has been caught driving whilst suspended or disqualified, all the preparation is geared towards keeping you on the road. While a Magistrate does have a discretion to further suspend your licence, thorough preparation will maximise your chances of staying on the road.
If the magistrate further suspends your licence, you cannot drive until your period of suspension has finished. Unfortunately, in Victoria, there are no exceptions to this. For example, 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.
If you get pulled over by the police for the offence of driving while suspended or disqualified, the police will often impound your vehicle for an initial period of 30 days. This is a costly process and will usually be in excess of $1000 inclusive of towing and storage fees.
Driving while suspended or disqualified 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 driving while suspended or disqualified. You may even have a defence. 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.
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.
In my experience, there are many reasons why people find themselves charged with suspended or disqualified 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 suspended or disqualified driving. This can be a very stressful situation to find yourself in.
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.
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.
Driving unlicensed at Ringwood Magistrates Courts
Driving unlicensed at Moorabbin Magistrates Courts
Driving unlicensed Heidelberg Magistrates Courts
Driving unlicensed at Wyndham Magistrates Courts
Driving unlicensed at Melbourne Magistrates Court
Frankston Magistrates Court in relation to Driving unlicensed
Dandenong Magistrates Court in relation to Driving unlicensed
Broadmeadows Magistrates Court involving Driving unlicensed
Neighbourhood Justice Centre relating to Driving unlicensed
Sunshine Magistrates Court for Driving unlicensed
The moment you have been faced with any charges or taken in for questioning you should make contact with a lawyer immediately.
