If you have been charged with driving while suspended, 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 suspended 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 suspended under Section 54 of the Road Transport Act 2013 (NSW) is when a person attempts to put a motor vehicle in motion on a road or road related area while their driving privileges have been suspended.
You can be found guilty of driving whilst suspended if the prosecution prove, beyond reasonable doubt, that:
If the Police cannot prove either of the above, you can be found ‘not guilty’. There are also additional defences that apply.
The following defences to drive while suspended apply:
Our drive whilst suspended 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 specialist traffic lawyers for specific advice for your case.
Contact us now to speak to an expert drive while Suspended lawyer.
The penalties for driving while suspended will be based on the type of offence you are charged with. If you are caught driving on a suspended licence in NSW, there are two types of offences you can be charged with.
The most common offence is under Section 54(3) of the Road Transport Act 2013. There is also a separate offence for Driving While Suspended due to non-payment of fines (Section 54(5)(a) of the Road Transport Act 2013).
The maximum penalty for Driving While Suspended (first offence) is 6 months imprisonment and/or a fine of $3300.
The maximum penalty for Driving While Suspended (Second or Subsequent offence) is 12 months imprisonment and/or a fine of $5500.
The maximum penalty for Driving While Suspended due to non-payment of fines (first offence) is a fine of $3300.
The maximum penalty for Driving While Suspended due to non-payment of fines (Second or Subsequent offence) is 6 months imprisonment and/or a fine of $5500.
The automatic disqualification for Driving While Suspended (first offence) is 6 months.
The minimum disqualification for Driving While Suspended (first offence) is 3 months.
The automatic disqualification for Driving While Suspended (Second or Subsequent offence) is 12 months.
The minimum disqualification for Driving While Suspended (Second or Subsequent offence) is 6 months.
The automatic disqualification for Driving While Suspended (first offence) is 3 months.
The minimum disqualification for Driving While Suspended (first offence) is 1 month.
The automatic disqualification for Driving While Suspended (Second or Subsequent offence) is 12 months.
The minimum disqualification for Driving While Suspended (Second or Subsequent offence) is 3 months.
Below are options the Magistrate or Judge will have when sentencing for drive while suspended:
See below for likely penalties.
Looking over statistics for driving while suspended since 2018, 28% of persons found guilty of were sentenced to imprisonment of some kind. By contrast, 12% of offenders were sentenced to full-time jail. 4% received no conviction for driving while suspended.
Everyone else received a criminal conviction in addition to other penalties (eg. fine, Community Corrections Order).
While many people look for how to get away with driving with a suspended licence in NSW, there are significant risks. A conviction and jail are both possibilities for this offence. You will likely also face a further licence suspension in NSW.
As such, you should speak to Australia’s best driving while suspended lawyers immediately.
FAQ
A Drive Suspended 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 suspended driver licence.
There is no work exemption drivers’ licence in NSW.
If you have gone over your demerit point limit, you may be able to elect to go on a good behaver licence in some cases. This means that you can keep driving but will only have two demerit points for the next 12 months.
If you go over this 2 demerit point limit, you will face double the disqualification you facing when you applied for the good behaviour licence.
Because of this, most people choose to lodge an appeal as opposed to the good behaviour licence. Click here to see our page on licence appeals.
Alternatively, you can speak to one of our specialist traffic lawyers.
Once your suspension period has concluded, you cannot drive again until a licence is re-issued. Getting a licence back after a suspension in NSW involves you attending the Roads and Maritime Service (RMS) to obtain a new licence.
If you do not do this before driving again, you can be subject to a driving with expired licence or driving unlicensed in NSW charge.
