Driving a car with a suspended or disqualified licence is a major offence. If charged with one of these offences it is important to have a lawyer who understands the factors that can be raised to mitigate the sentence you receive, and can limit the time you without a licence.

Call one of our experienced Criminal Law solicitors for free initial advice on your circumstances on (02) 9525 8688.

The Law

A driver who has been disqualified under any Act from holding or obtaining a driver’s licence must not, under s25A of the Road Transport (Driver Licensing) Act 1998:

1. drive a motor vehicle on a road or road related area during the period of disqualification, ort
2. he maximum penalty for driving whilst disqualified under this Act is $3300 or 18 months imprisonment or both for a first offence, and $5500 or two years’ imprisonment or both in the case of a second or subsequent offence. A second or subsequent offence for the purposes of s25A is where the offence occurred within five years of any previous conviction recorded against the driver under s25A sub-sections (1), (2) or (3) or any other major traffic offence as defined by s188 of the Road Transport (General) Act.

Under s25A(2) of the Act a person who has had their driver’s licence suspended under any Act (except for under s66 of the Fines Act 1996) drive on a road or road related area a motor vehicle of the class to which the suspended driver licence relates. The maximum penalty for committing such an offence is the same as for driving whilst disqualified.

Under s25A(3) of the Act it is also an offence for a person who has had their driver’s licence cancelled under any Act (except for under s66 of the Fines Act 1996) drive on a road or road related area a motor vehicle of the class to which the suspended driver licence relates. The maximum penalty for committing such an offence is the same as for driving whilst disqualified.

(7) If a person is convicted by a court of an offence under subsection (1), (2), (3) (a) or (3A), the person:

• is disqualified by the conviction (and without any specific order) for the relevant disqualification period from the date of expiration of the existing disqualification or suspension orfrom the date of such conviction, whichever is the later, from holding a driver licence, and
• may also be disqualified, for such additional period as the court may order, from holding a driver licence.

(8) The disqualification referred to in subsection (7) is in addition to any penalty imposed for the offence.

For further information call one of our experienced Criminal Law solicitors for some free telephone advice on (02) 9525 8688