If you have been charged with driving while disqualified, it is important that you are aware that the penalties include lengthy licence disqualifications and even jail time. You should consult our team who have won numerous awards and been placed in the top 6% of Australian lawyers.
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Our driving while disqualified lawyers have years of experience in helping our clients keep their driver licences. We have had numerous clients found ‘not guilty’ and have an extensive track record of achieving non-convictions when our clients plead guilty.
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The definition of driving while disqualified under Section 54 of the Road Transport Act 2013 (NSW), is that you drove a vehicle on a road or road related area while you were disqualified from driving.
You can fight a driving while disqualified charge by arguing that the police have not established, beyond reasonable doubt, that:
If the prosecution cannot prove either of the above, you can be found ‘not guilty’. You can also see below for additional defences that apply.
The following defences to driving while disqualified can be used:
Our traffic lawyers have years of experience defending these charges. We have had countless clients found ‘not guilty’ over the years. Contact us now to speak to our team.
Our traffic sentencing guide will provide some general assistance if you are pleading guilty to a traffic charge or infringement. You should consult one of our senior drive while disqualified lawyers for specific advice for your case.
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There are different penalties for a First offence as opposed to a Second or Subsequent offence.
The maximum penalty for Driving While Disqualified (first offence) is 6 months imprisonment and/or a fine of $3300.
The maximum penalty for Driving While Disqualified (Second or Subsequent offence) is 12 months imprisonment and/or a fine of $5500.
The automatic disqualification for Driving While Disqualified (first offence) is 6 months.
The minimum disqualification for Driving While Disqualified (first offence) is 3 months.
The automatic disqualification for Driving While Disqualified (Second or Subsequent offence) is 12 months.
The minimum disqualification for Driving While Disqualified (Second or Subsequent offence) is 6 months.
You will need to attend the Roads and Maritime Service (RMS) when getting your licence back after disqualification. If you do not do this before driving again, you can be subject to a driving with expired licence charge.
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Below are possible sentences for driving while disqualified you can receive. If you have been caught driving whilst disqualified a second time, the penalty and disqualification will be more severe:
Statistics since 2018 show that 28% of persons found guilty of this offence were sentenced to some form of jail. 12% of offenders were sentenced to full-time imprisonment. Only 4% received no conviction for driving while disqualified. All other offenders received criminal convictions.
Plainly, a conviction and jail are both very likely for this offence. As such, you should speak to Australia’s best driving disqualified lawyers to obtain the most lenient sentence.
FAQ
A Drive disqualified offence will be a second or subsequent offence if you have been convicted of a “major offence” in the past 5 years. Major offences include drink driving, driving under the influence of alcohol/drugs as well as a host of others. You will need to speak to a specialist traffic lawyer to see if any of your previous offences are major offences.
Some Police cars can detect a suspended licence. Most highway patrol vehicles are fitted which number plate recognition devices which will alert Police if the driver of the vehicle may have a disqualified driver licence.
Yes, you can. If you are sentenced to a Conditional release order without conviction or receive a Section 10 dismissal you will not face any additional disqualification. When making sentencing submissions on your driving whilst disqualified, special reasons can be put forward as to why you were driving.
If you have not committed an offence for at least 2 years, you may also be able to make an application to remove your driver licence disqualification.
