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Drive While Cancelled

A person is prohibited from driving a motor vehicle with a cancelled license. There is a license but because it has been cancelled the holder of that license is disqualified from driving. He cannot drive until such time that the cancellation is lifted by the court.

A driver's license may be cancelled for traffic related offenses. Cancellation of license is a penalty that may be imposed by the court along with the penalties of fines or imprisonment. However, in determining whether a cancellation of license is in order the courts will consider all the circumstances surrounding the case. Victorian courts will take into account driver's character, traffic record and whether a license is of vital importance.

Drivers who rely on driving as their means of income must state this fact during the hearing. Based on Victoria's Road Safety Act 1986, the following are some of the offenses for which cancellation of license may be imposed as a penalty:

  • Drink driving;
  • Negligent driving;
  • Dangerous driving occasioning death or grievous bodily harm;
  • Dangerous driving. 

Traffic offences are considered "Major Offences" under the law and thus attract heavy fines, periods of licence disqualification and possibly terms of imprisonment. If you have been charged with a traffic offence or are under Police investigation, it is important that you seek legal advice.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.


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