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Penalties:
Things to be aware of in relation to the above offending are that first time offenders in relation to driving whilst disqualified or driving whilst suspended can receive anywhere up to four months imprisonment and second time offenders face a maximum of two years imprisonment. It should be noted that to receive the maximum would be an unusual outcome for a first or second time offender but what does routinely occur in relation to first and second time offenders is that the Magistrates further suspend or disqualify offenders from driving. What many unrepresented people do not know, is that whether or not a Magistrate takes an offender’s drivers’ licence in relation these types of offences is completely discretionary. What does this mean? It means that a Magistrate when hearing your case can chose either to take your driver’s licence or not take your driver’s licence for a further period of time depending on what is put before the Magistrate sitting on the day. The  factors that influence whether a Magistrate exercises their discretion in your favour will be specific to your case. Subsequently it is very important that you obtain competent legal advice from a law firm that routinely handles these types of matters. Critically what you should ask yourself in relation to attending Court is, how much will it cost me if I lose my driver’s licence for months potentially years? The answer is usually far more than it will cost to have a lawyer properly represent you at Court.

Defences:
A further factor that should be considered is whether or not there is a defence open to you. If when driving you believed you were entitled to drive then you may have had what the law recognsises as an honest an reasonable mistake in relation to the status of your licence at the time of driving. The reality is that Vicroads are known to make mistakes and subsequently whether or not your case can be defended is something that should be given serious consideration.

Potential Impoundment:
A final aspect often overlooked by lawyers is that driving whilst suspended, driving whilst disqualified and driving whilst unlicenced are all now offences that fall under the “hoon” legislation under section 84 of the Road Safety Act. Notwithstanding that your driving may not have been dangerous, the police, on a second offence, can impound your car and eventually make application to have it forfeited to the minister. These are things that must be considered prior to entering a plea. Often the police won’t serve notice in relation to their the above until close to the date of Court. The legislation in relation to “hoon” offences is something that often confounds both the prosecution and the Magistrates, so make sure when you go to Court that you have someone on your side that does understand this legislation.

Finally, call our office. Don’t leave your Court outcome to chance. It cannot be overstated the importance of having a qualified, experienced, specialist lawyer on your side when you attend Court.

Do police want to speak to you in relation to a sexual offence? Have you already been charged?

We can assist. As lawyers, we regularly represent people charged with sex offences. We have an office in the Melbourne CBD in very close proximity to the Melbourne Magistrates’ Court and the County Court. We also have offices in Moorabbin, Ringwood, Dandenong and Frankston in very close proximity to the local Magistrates’ Courts located in these localities. We regularly appear at all of these Courts, particularly representing people charged with sex offences. As lawyers, a significant portion of our practice relates to representing people charged with sex offences. It is really important that any lawyer you engage understands the laws of evidence in relation to the prosecution of sexual offences. The law in relation to sexual offences is complicated and in many circumstances matters will often move more quickly through the Court system. To that end there is a special list convened in the city which only handles sex offence cases, no other criminal matter is dealt with by the Courts in this way. We understand that these matters are embarrassing and often very personal but ultimately more than any other criminal offence it is important to seek advice early.