“But I need to keep my licence”. It is a phrase that we commonly hear after a person is detected for a traffic offence. A driver’s licence is a crucial part of modern day life.
Whether it be to travel to and from work, to take your children to and from school or simply that you live in an area without public transport. The inability to drive can have a significant adverse effect on people and it is not uncommon for people to wish to appeal their licence suspension in Victoria.
However, in Victoria, the Government has created a series of specific offences that incur a mandatory loss of licence when proven. This means that even if you take the matter before a Court and plead for the Magistrate to take mercy on you and allow you to continue to drive even for limited purposes (such as to and from work only), the Magistrate has no ability to make that Order.
Simply put, in Victoria, if you are found guilty of an offence that carries a mandatory loss of licence, your licence will be suspended or disqualified for the period set by the Government.
Some examples of why people think a Court may allow them to keep their licence are:
- My partner is unwell and I am his carer, I have to drive him to medical appointments;
- I need my licence to get to work, there is no public transport where I live;
- I need my licence to get to work I am a shift worker;
- I am a single parent and if I don’t have a licence I can’t get my children to school.
Some common examples of offences that carry a mandatory loss of licence are:
- Drink driving (1)
- Exceeding the speed limit by 25Kmh or more (2)
- Exceeding your allocated demerit points (3)
If you are detected of an offence that carries with it an immediate or mandatory suspension or disqualification of your licence you should contact our office to receive preliminary advice so that we can determine if there is a legal way that you can successfully challenge the charge. Receiving appropriate advice at an early stage may reduce complications for you in the future.
Unfortunately, it is not always good news, if you are detected of an offence that carries a mandatory loss of licence and if the Police have sufficient evidence to record a conviction for that offence then it is likely our advice will be that the suspension is unavoidable. We can, however, discuss this situation with you and see if there are any alternatives that can be explored.
If you wish to receive advice regarding a traffic offence where a mandatory loss of licence may apply or for any other traffic offence, please contact Scott MacDonald of our Warragul office.
1 Section 50 Road Safety Act (Vic) 1986
2 Section 89D Road Safety Act (Vic) 1986
3 Section 41A Road Safety Act (Vic) 1986