Driving Unlicensed

Best Driving Unlicensed Lawyers NSW

Our driving while unlicensed lawyers have helped countless clients keep their driver licences.

We have had numerous clients found ‘not guilty’ and frequently obtain non-convictions when our clients plead guilty.

If you have been caught driving without a licence on you, contact us now to speak to a Law Society accredited specialist traffic lawyer today.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Driving Unlicensed?

  The definition of driving while suspended under Section 53 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 they are an unlicensed driver.

  How to Beat a Driving Unlicensed charge?

  You can fight an unlicensed driving charge if the prosecution fail to prove, beyond reasonable doubt that:

  1. You drove a motor vehicle on a road or road related area; and
  2. At time of driving, you were unlicensed (eg. your licence was expired).

  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 Unlicensed?

  The following are defences to drive while unlicensed charges:

  1. Honest and reasonable mistake: The most common defence to this charge is if you genuinely did not know you were Unlicensed from driving, and it was reasonable for you to have held that belief.
  2. Identification: The prosecution cannot prove you were driving the vehicle
  3. Duress:You were forced to drive unlicensed.
  4. Necessity: You needed to drive in the circumstances (eg. you were escaping a serious assault)

  Our drive whilst unlicensed lawyers have years of experience defending these charges. We have had countless clients found ‘not guilty’ over the years. If you forgot your licence wile driving in NSW then you may be able to download the RMS app and show your licence on that.

  Contact us now to speak to our friendly team.

• PLEADING GUILTY

  Our traffic sentencing guide will provide some general assistance if you are pleading guilty to a driving without a licence in NSW. 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 unlicensed lawyer.

   What are the penalties for Driving Unlicensed?

  The maximum penalty for Driving Unlicensed (first offence) is a fine of $2200.

  The maximum penalty for Driving Unlicensed (Second or Subsequent offence) is 6 months imprisonment and/or a fine of $3300.

  You will generally receive a fine for driving without carrying a licence in NSW.

  How Long Will I Lose My Licence for Driving Unlicensed?

  There is no disqualification for Driving Unlicensed (first offence).

  The automatic disqualification for Driving Unlicensed (Second or Subsequent offence) is 12 months.

  The minimum disqualification for Driving Unlicensed (Second or Subsequent offence) is 3 months.

   

  Contact us now to speak to a specialist traffic lawyer who can analyse your case and provide advice on your options. If you have been caught driving without a licence on you in NSW you can be subject to harsh penalties.

   

  What are the possible sentences for Driving Unlicensed?

  1. Below are the options a Magistrate will have when sentencing for a driving unlicensed charge:
  2. Section 10 dismissal
  3. Conditional Release Order without Conviction (previously known as Section 10 good behaviour bond)
  4. Fine
  5. Conditional Release Order with Conviction (previously known as Section 9 good behaviour bond)
  6. Community Corrections Order (previously known as Community Service Order)
  7. Intensive Corrections Order
  8. Full Time Imprisonment
  9. See below for likely penalties.

  Will Receive a Criminal Conviction for Driving While Unlicensed?

  28% of persons found guilty of this offence received a jail sentence of some kind. 12% of offenders were sentenced to full-time prison. Only 4% received no conviction for driving while unlicensed. All other offenders received convictions on their criminal record.

  It is difficult to avoid a conviction for driving without a licence in NSW. As such, you should speak to Australia’s best driving unlicensed lawyers for the best representation in Court.

FAQ

What is a “second or subsequent offence”?

A Drive Unlicensed 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.

How long can I drive on an international licence in Australia?

If you are visiting Australia from overseas and have a driver licence in your home country, you will be able to drive for a limited period of time.

However, you will need to obtain an Australian licence if you hold a permanent visa or have become an Australian citizen and have lived in New South wales (NSW) for a continuous period of more than 3 months from the time your visa or citizenship was granted.

If you do not obtain a new licence, you can be fined for driving with an expired licence.

Do I have to carry my licence while driving in NSW?

Yes. However, you can download the RMS app and have an electronic version of your licence. This will be sufficient if the Police pull you over.