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    Driving While Disqualified

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      Best Driving While Disqualified Lawyers

      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.

      Contact us now to speak to our accredited specialist traffic lawyer today.

      WHAT SHOULD I DO?

      • PLEADING NOT GUILTY

        What is Driving While Disqualified?

        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.

        How do you beat a drive while disqualified charge?

        You can fight a driving while disqualified charge by arguing that the police have not established, 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 disqualified.

        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.

        What are the Defences to Driving While Disqualified?

        The following defences to drive while disqualified can be used:

        1. Honest and reasonable mistake: The most common defence to this charge is if you genuinely did not know you were disqualified 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 disqualified.
        4. Necessity: You needed to drive in the circumstances (eg. you were escaping a serious assault)

         

        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.

      • 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 senior drive while disqualified lawyers for specific advice for your case.

        Contact us now to speak to an expert lawyer.

        What are the penalties for Driving While Disqualified?

        There are different penalties for a First offence as opposed to a Second or Subsequent offence.

        Driving While Disqualified ‘First Offence’

        The maximum penalty for Driving While Disqualified (first offence) is 6 months imprisonment and/or a fine of $3300.

        Driving While Disqualified ‘Second or subsequent Offence’

        The maximum penalty for Driving While Disqualified (Second or Subsequent offence) is 12 months imprisonment and/or a fine of $5500.

        How long will I be disqualified for Driving While Disqualified?

        ‘First Offence’

        The automatic disqualification for Driving While Disqualified (first offence) is 6 months.

        The minimum disqualification for Driving While Disqualified (first offence) is 3 months.

         ‘Second or subsequent Offence’

        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.

        Contact us now to speak to a senior drive while disqualified solicitor.

        What are the possible sentences for Driving While disqualified?

        Below are possible sentences you can receive. If you have been caught driving whilst disqualified a second time, the penalty and disqualification will be more severe:

        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
        8. See below for likely penalties.
        9. Will you go to jail for Driving While disqualified?

         

        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

      What is a “second or subsequent offence”?

      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.

      Can Police detect a disqualified 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 disqualified driver licence.

      Can I get my licence back?

      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.