Appeals for licence suspension and disqualification
Drive While Disqualified or Drive While Suspended in NSW
Having no drivers licence can have serious implications on your day-to-day life, that extends to your work and family members.
If you drive while unlicensed, which relates to driving without a valid licence on a public road. This does include when you have had your licence disqualified, suspended or cancelled. This offence of driving unlicensed is punishable by a fine only for a first offence. A second or subsequent driving unlicensed offence can attract a term of imprisonment.
It is a criminal offence to drive pursuant to section 54 of the Road transport Act 2013, if your licence is suspended or disqualified. This could be the result speeding offences, exceeding demerit points or for a driving whilst under the influence offence.
The prosecution must prove beyond a reasonable doubt for you to be found guilty of the offence that:
- You drove a motor vehicle on a road
- That at the time of driving, your licence was suspended, disqualified or cancelled.
Lengthy disqualification periods and heavy penalties may apply.
Penalties
Driving while disqualified, cancelled, suspended or refused
| Penalties | First offence | Second or subsequent offences |
|---|---|---|
| Maximum court-imposed fine | $3300 | $5500 |
| Maximum prison term | 6 months | 12 months |
| Minimum disqualification | 1 month | 3 months |
| Default disqualification period | 3 months | 12 months |
Driving with a cancelled or suspended licence – Non-payment of fine
| Penalty | First offence | Second or subsequent offence |
|---|---|---|
| Maximum court-imposed fine | $3300 | $5500 |
| Maximum prison term | N/A | 6 months |
| Minimum disqualification | 1 month | 3 months |
| Default disqualification period | 3 months | 12 months |
What happens at Court?
The defence of honest and reasonable mistake of fact is open to a person charged with the driving while suspended offence. The person must show that they were unaware that their licence had been suspended. If you believe this is the case you will need to speak to our lawyer before the first Court date and plead not guilty.
You can also plead guilty in court for a Drive While Disqualified or Drive While Suspended charge, which requires proper preparation before the Court date.
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