Drive whilst Suspended/Disqualified
Driving Disqualified or Suspended
If you are caught driving while your licence has been disqualified, suspended, or cancelled, you will be charged with a traffic offence. These offences carry severe penalties, depending on the circumstances and whether it is your first or subsequent offence.
What is the Law?
These offences are outlined in Section 54 of the Road Transport Act 2013 (NSW):
- Section 54(1)(a): Driving while disqualified.
- Section 54(3)(a): Driving while suspended.
- Section 54(4)(a): Driving with a cancelled licence.
What the Prosecution Must Prove
To convict you, the prosecution must prove, beyond a reasonable doubt, the following:
- Driving a Motor Vehicle: You drove a vehicle on a road.
- During Disqualification or Suspension: You did so during a period when your licence was either:
- Disqualified by a court,
- Suspended by police or Transport for NSW, or
- Cancelled by Transport for NSW.
Defences to Driving Disqualified or Suspended
Possible defences include:
- Mistaken Identity: You were wrongly identified as the driver.
- Honest and Reasonable Mistake of Fact: You genuinely believed your licence was valid and could reasonably have held that belief.
- Duress or Necessity: You were forced to drive due to an emergency or unavoidable situation.
Penalties for Driving While Disqualified or Suspended
Penalties for first offences of driving while disqualified or suspended include:
- Maximum Fine: $3,300
- Imprisonment: Up to 6 months
- Licence Disqualification: Minimum 6 months, which may be reduced to 3 months based on the circumstances.
For second or subsequent offences, the penalties increase:
- Maximum Fine: $5,500
- Imprisonment: Up to 12 months
- Licence Disqualification: Minimum 12 months, which may be reduced to 6 months if the court finds it appropriate.
Need Legal Help with Driving Disqualified or Suspended Charges?
If you’re facing charges for driving while disqualified or suspended, IMS Lawyers Australia can help. We can assist you in preparing your defence or in seeking a non-conviction penalty to avoid the serious consequences of this offence.
Contact IMS Lawyers Australia today for expert legal advice and support.
