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Driving Unlicensed encompasses a range of offences. These can range from simply never holding a drivers licence or permit, to not renewing your licence or driving on an interstate or overseas licence whilst in Victoria.
As a leading firm in Victoria, MK Law deal largely in the area of Traffic Law and Driving Offences which gives us an advantage above other firms. We know the ins and outs of the offending and what the Courts are looking for to ensure the overall sentence is the fairest it can be for you in all of the circumstances. A client who retains MK Law therefore has the highest probability of not having their licence interfered with. Driving whilst suspended or driving whilst disqualified do not fall under the category of unlicensed driving and are more serious offences. Please refer to their prospective topics for more information.
Unlicenced Driving is provided for pursuant to s 18 of the Road Safety Act 1986.
The prosecution must prove:
The maximum penalties that can be imposed if found guilty of Driving Unlicensed is 60 penalty units or 6 months imprisonment.
If a person has held an authorised drivers licence or learner permit prior to the commission of the offence, but has not held that licence or permit for a period not exceeding 6 months at the time of the offending due to not renewing their licence, or the licence or permit was not cancelled due to an offence relating to driving a motor vehicle, then the penalty that can be imposed is a fine of no more than 20 penalty units or to a maximum of one month imprisonment.
Whilst unlicensed driving does not carry mandatory licence loss, the Magistrate does have the discretion to impose a loss of licence for the offending. Considerations for a Court imposition of licence loss will depend on whether there are any aggravating features in the case as well as your criminal record and whether there are any relevant prior findings of guilt. In some cases, even if a client has aggravating features or an extensive criminal driving record, they may still be saved from a further licence suspension period.
Under s 28 of the Road Safety Act 1986, a Court can suspend or disqualify your licence or permit if they believe that you are a risk to other road users or as a Sentencing Act provision known as specific deterrence.
It is important to note that the Magistrate is not obligated to suspend or disqualify your licence for driving unlicenced. This is why you should retain a criminal lawyer from MK Law to ensure your licence is not interfered with and provide submissions to the Court to exercise their discretion not to impose a loss of licence.
As mentioned earlier, how the matter proceeds depends on the seriousness of the motor vehicle accident and the outcome.
Where the circumstances involve an accident that results in minimal damage or injury, the matter will proceed in the summary jurisdiction of the Magistrates Court.
If a person is killed or seriously injured and the driver knows they were involved in an accident and fails to stop and render assistance, the penalty exceeds the jurisdiction of the Magistrates Court and the matter then proceeds in the Committal stream, eventually being determined in the County Court.
Due to the serious nature of these charges and the significant outcomes that can follow, it is important to get expert legal advice to determine the most appropriate next steps. As a term of imprisonment is a potential risk, if you have been charged with failing in your duty as a driver, contact our office on 1800 130 120 today to discuss your options and find out what MK Law can do to assist you.
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If you find yourself facing legal trouble related to unlicensed driving in Melbourne, you need expert legal guidance and support. At MK Law Firm, we specialize in providing comprehensive legal assistance to individuals dealing with traffic offenses, including unlicensed driving. Our team of experienced lawyers understands the complexities of traffic law and will work tirelessly to protect your rights and achieve the best possible outcome for your case.
Whether you’ve been caught driving without a license or your license has been suspended or revoked, our knowledgeable attorneys are here to help. We’ll review your case with precision, exploring every avenue to build a strong defense strategy tailored to your specific situation. Our goal is to minimize the impact of the charges against you and guide you through the legal process with confidence and clarity.
If you’re facing unlicensed driving charges in Melbourne, don’t wait to seek legal advice. Contact MK Law Firm today to schedule a consultation with one of our skilled lawyers. Simply fill out the form or reach MK Law Firm by phone at 1800 130 120. We also provide a 24/7 Free Legal Advice to ensure that you always have access to critical legal advice when you need it the most.
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