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    Driving While Suspended

    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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      Best Driving While Suspended Lawyers NSW

      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.

      Contact us now to speak to a Law Society accredited specialist criminal and traffic lawyer today.

      WHAT SHOULD I DO?

      • PLEADING NOT GUILTY

        What is Driving While Suspended?

        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.

        How to Beat a Driving While Suspended Charge?

        You can be found guilty of driving whilst suspended if the prosecution prove, beyond reasonable doubt, that:

        1. You drove a motor vehicle on a road or road related area; and
        2. At time of driving, your licence was suspended.

        If the Police cannot prove either of the above, you can be found ‘not guilty’. There are also additional defences that apply.

        What are the Defences to Driving While Suspended?

        The following defences to drive while suspended apply:

        1. Honest and reasonable mistake: The most common defence to this charge is if you genuinely did not know you were Suspended from driving, and it was reasonable for you to have held that belief. Often this defence can apply where a letter from the RMS did not reach your mailing address.
        2. Identification: The prosecution cannot prove you were driving the vehicle
        3. Duress:You were forced to drive while suspended.
        4. Necessity: You needed to drive in the circumstances (eg. you were escaping a serious assault)

        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.

      • PLEADING GUILTY

        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.

        What are the Penalties for Driving While Suspended?

        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).

        Drive While Suspended – Section 54(3)

        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.

        Drive While Suspended – Section 54(5)(a)

        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.

         

        Disqualification for Driving While Suspended?

        Drive While Suspended – Section 54(3)

        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.

        Drive While Suspended – Section 54(5)(a)

        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.

         

        What are the Sentencing Options for Driving While Suspended?

        Below are options the Magistrate or Judge will have when sentencing for drive while suspended:

        1. Section 10 dismissal
        2. Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
        3. Fine
        4. Conditional Release Order with Conviction (previously known as Section 9 good behaviour bond)
        5. Community Corrections Order (previously known as Community Service Order)
        6. Intensive Corrections Order
        7. Full Time Imprisonment

        See below for likely penalties.

        Will You Go to Jail for Driving While Suspended?

        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

      What is a “second or subsequent offence”?

      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.

      Can Police detect a suspended licence?

      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.

      Is there a work drivers’ licence in NSW?

      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.

       How to get your licence back after suspension?

      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.