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Driving Whilst Disqualified, Suspended or Cancelled is an offence under Section 54(1) of the Road Transport Act 2013.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
You drove a motor vehicle, and
You were disqualified from driving at the time, or your licence was suspended or cancelled at the time
If it is your first major traffic offence in the last 5 years the maximum penalty is:
6 months in prison
A 6 month ‘automatic’ licence disqualification, which can be reduced by a court to 3 months, and
A fine of $3,300
If it is your second or more major traffic offence in the past 5 years the maximum penalty is:
12 months in prison
A 12 automatic licence disqualification, which can be reduced by a court to 6 months, and
A fine of $5,500
However, there will be no criminal record, licence disqualification or fine where the court deals with you by way of:
A Section 10(1)(a) dismissal, or
A Conditional release order without a conviction
The main defence to the charge is that you made an honest and reasonable mistake about the fact that your licence was disqualified, suspended or cancelled at the time you drove.
Other defences to the charge include:
Duress
Necessity, and
Self-defence
If you require the services of a traffic defence team that specialises in representing clients for cases under the Road Transport Act, call Sydney Criminal Lawyers today on (02) 9261 8881 to arrange a consultation.
Our team is vastly experienced in advising and representing clients in traffic law cases, and will fight to ensure you achieve the optimal result in the circumstances.
We offer fixed fees for all traffic cases, and a free first conference for those who are going to court.
The Legislation
Section 54(1) of the Road Transport Act 2013 is Driving whilst Disqualified, Suspended or Cancelled and reads as follows:
Driving whilst Disqualified, Suspended or Cancelled
(cf DL Act, s 25A (1)-(10))
(1) Driving or making licence application while disqualified A person who is disqualified from holding or obtaining a driver licence must not:
(a) drive a motor vehicle on a road during the period of disqualification, or
(b) make an application for a driver licence during the period of disqualification and in respect of the application:
(i) state the person’s name falsely or incorrectly, or
(ii) omit to mention the disqualification.
The penalties
Maximum penalty: 30 penalty units or imprisonment for 6 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).
Why Sydney Criminal Lawyers®?
Choosing the right legal team to defend your reputation and interests can be a difficult process.
However, it is always important to look at a firm’s experience and results when making this decision.
At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.
Our traffic law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.
Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’
Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the traffic law, as well as their ability to obtain excellent results in difficult cases.
We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.
For the best defence in your case, get the experts on your side today. Call us now on (02) 9261 8881 and book your FREE first conference with our traffic law specialists.
Driving Whilst Disqualified, Suspended or Cancelled is an offence under Section 54(1) of the Road Transport Act 2013. To establish the offence, the prosecution must prove beyond reasonable doubt that: You drove a motor vehicle, and You were disqualified from...