Your Victorian Driving Licence Has Been Suspended - What You Must Do Now

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

A Victorian driving licence suspension can happen in three ways: accumulating too many demerit points, a court-ordered suspension following a serious traffic offence, or immediate roadside suspension for high-range drink driving or drug driving. Each type has different appeal rights and timeframes, and continuing to drive while suspended carries severe penalties including potential imprisonment. If your licence has been suspended or you're at risk of suspension, you need to act within strict timeframes to protect your driving privileges - call 1300 636 846 immediately for urgent legal advice.

Do You Need a Lawyer?

Yes, you need a lawyer if your livelihood depends on driving, if you're facing court proceedings, or if you want to appeal a suspension. Without legal representation, you'll likely miss critical deadlines for appeals, fail to access the good behaviour option where available, or receive harsher penalties in court. A traffic lawyer can often reduce suspension periods, negotiate alternative penalties, or successfully appeal suspensions on technical grounds.

The consequences of getting this wrong are severe. Driving while suspended can result in up to two years imprisonment, massive fines, and extended suspension periods. For demerit point suspensions, you have only 28 days to appeal or apply for a good behaviour licence. Miss this deadline, and your options disappear entirely.

The earlier you get legal help, the more options remain available. VicRoads and the courts show little mercy to people who try to handle these matters alone and make procedural errors.

What Happens Next - The Process

The process depends entirely on how your licence was suspended:

1. Demerit Point Suspensions: VicRoads sends a Notice of Suspension by registered mail. You have 28 days from the notice date to either accept the suspension, apply for a good behaviour licence, or appeal to the Magistrates' Court. If you do nothing, the suspension automatically takes effect after 28 days.
2. Court-Ordered Suspensions: The magistrate announces the suspension in court, effective immediately or from a specified date. You can appeal to the County Court within 28 days of sentencing, but the suspension usually remains in place during the appeal unless you obtain a stay order.
3. Immediate Roadside Suspensions: Police seize your licence on the spot for serious offences like high-range drink driving (.15 BAC or above) or drug driving. Your licence is suspended immediately for 6-12 months. You must appear at the Magistrates' Court, where the magistrate can confirm, vary, or cancel the suspension.
4. Appeal Process: Appeals are heard at the Magistrates' Court (for demerit point appeals) or County Court (for court-ordered suspension appeals). You must file specific forms and pay court fees. The court can uphold, reduce, or cancel the suspension.
5. Good Behaviour Option: Available only for first demerit point suspensions. You get 12 months to prove good driving behaviour. Any traffic offence during this period results in double the original suspension period plus the suspension for the new offence.

These timeframes are absolute - there are virtually no exceptions for late applications.

The Law in Victoria

Victorian licence suspensions are governed by the Road Safety Act 1986 and Road Safety Road Rules 2017. The demerit point thresholds are strictly enforced:

Demerit Point Suspension Thresholds:

• Full licence holders: 12 demerit points in a 3-year period = 3-month suspension
• Professional drivers (taxi, truck, bus): 12 demerit points = 6-month suspension
• Probationary drivers: 5 demerit points = 3-month suspension
• Learner drivers: 5 demerit points = 3-month suspension

Court-Ordered Suspension Penalties:

• Drink driving (.05-.069 BAC): Minimum 6 months suspension
• Mid-range drink driving (.07-.149 BAC): Minimum 12 months suspension
• High-range drink driving (.15+ BAC): Minimum 2 years suspension
• Drug driving: Minimum 6 months suspension (first offence)
• Dangerous driving: Up to 2 years suspension
• Careless driving: Up to 12 months suspension

Immediate Roadside Suspension Periods:

• High-range drink driving: 12 months immediate suspension
• Drug driving (repeat offence): 6 months immediate suspension
• Refusing breath/drug test: 12 months immediate suspension

Penalties for Driving While Suspended: Under section 18 of the Road Safety Act 1986, driving while suspended carries a maximum penalty of 240 penalty units ($44,664 in 2024) and/or 2 years imprisonment, plus automatic extension of the suspension period.

Mistakes to Avoid

1. Assuming VicRoads will call or email you about a suspension. We regularly see clients who moved house and never received their Notice of Suspension. VicRoads sends notices by registered mail to your last known address only. If you don't collect it, you're still deemed to have received it. Always update your address immediately with VicRoads, and if you're approaching 12 demerit points, contact them to confirm your current point total.

2. Choosing the good behaviour option without understanding the consequences. Many clients think the good behaviour licence is automatically the best choice. It's not. If you commit any traffic offence during the 12-month good behaviour period - even a minor speeding infringement - you face double the original suspension period plus additional penalties. For professional drivers or those with poor driving records, accepting the shorter suspension is often smarter.

3. Continuing to drive "just until the suspension starts." This backfires catastrophically when police stop you. We've seen clients receive their suspension notice, think they have 28 days to keep driving, and end up with criminal charges for driving while suspended. The 28 days is for lodging appeals or applications, not for continued driving in many cases.

4. Representing yourself in suspension appeals without understanding the legal tests. Magistrates don't suspend licences based on hardship alone. Appeals succeed on legal grounds: procedural errors by VicRoads, incorrect demerit point calculations, or proving exceptional circumstances. Self-represented applicants typically focus on how much they need their licence rather than legal arguments that actually work.

5. Failing to bring critical evidence to court. Employment letters saying "John needs his licence" are worthless. You need detailed evidence: specific job requirements, alternative transport investigations, medical appointments requiring personal transport, and financial impact calculations. Most people underestimate what evidence courts require to prove exceptional circumstances.

Likely Outcomes and Costs

With Legal Representation: Experienced traffic lawyers successfully appeal 15-25% of demerit point suspensions, usually on technical grounds or by proving exceptional circumstances. For court-ordered suspensions, lawyers can often negotiate reduced suspension periods, work licences, or alternative penalties. Professional representation typically costs $1,500-$3,500 for straightforward appeals, or $3,000-$6,000 for complex court matters involving serious charges.

Without Legal Representation: Self-represented appeals succeed in less than 5% of cases. Most people miss critical deadlines, file incorrect paperwork, or fail to understand the legal tests courts apply. The financial cost of losing your licence - lost employment, increased insurance premiums, alternative transport costs - typically exceeds $10,000-$25,000 per year for most drivers.

Realistic Timeframes: Demerit point appeals are usually heard within 6-8 weeks of filing. Court-ordered suspension appeals take 8-12 weeks to reach hearing. Good behaviour licence applications are processed within 2-3 weeks if properly completed.

Work Licence Prospects: Victorian courts can grant work licences (restricted licences) in exceptional circumstances, allowing driving for employment, medical appointments, and essential family responsibilities. Success rates are higher with legal representation and comprehensive evidence packages.

How Go To Court Lawyers Can Help

Go To Court Lawyers has represented thousands of Victorian drivers facing licence suspensions since 2010. Our 800+ lawyers across Australia include specialists in every Melbourne and regional Victorian court. We understand that losing your licence means losing your livelihood, and we fight every case accordingly.

Our track record speaks for itself: We've successfully appealed hundreds of demerit point suspensions, negotiated work licences for clients facing court-ordered suspensions, and helped thousands of drivers navigate the good behaviour option safely. Our fixed-fee fixed-fee consultation means you know exactly what expert advice costs upfront.

We're available when you need us most. Licence suspension notices and court appearances don't wait for business hours. Our 24/7 legal hotline (1300 636 846) connects you with experienced traffic lawyers who can start protecting your driving privileges immediately.

Rated 4.5 stars from 780 reviews, our clients consistently praise our practical approach and successful outcomes. We don't just know the law - we know how Victorian magistrates think, what evidence VicRoads requires, and which arguments actually work in practice.

Your licence suspension doesn't have to be the end of your driving privileges. Call 1300 636 846 now for urgent legal advice, or book your consultation online at gotocourt.com.au/book. With strict deadlines looming, every day you wait reduces your options. Get the legal help that can save your licence.