Criminal Law

Driving Whilst Disqualified or Suspended

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When it is a criminal offence to drive

If your licence is suspended or disqualified whether it be due to a simple speeding offence, exceeding demerit points or part of a sentence for a driving whilst under the influence offence. It is a criminal offence to drive pursuant to section 54 of the Road transport Act 2013.

The offence can have serious implications on your work, family and day to day life.

To be found guilty of the offence the prosecution must prove beyond a reasonable doubt that:

  • You drove a motor vehicle on a road
  • That at the time of driving, your licence was suspended, disqualified or cancelled.

It is highly recommended that you receive advice from our traffic lawyer to avoid a lengthy disqualification and heavy penalties.

Penalties for driving whilst disqualified, cancelled, suspended or refused

First Offence

  • Maximum court-imposed fine – $3,300
  • Maximum prison term – 6 months
  • Minimum disqualification – 1 month
  • Default disqualification period –3 months

Second Offence

  • Maximum court-imposed fine – $5500
  • Maximum prison term – 12 months
  • Minimum disqualification – 3 months
  • Default disqualification period –12 months

Penalties for driving with a cancelled or suspended licence – Non-payment of fine

First Offence

  • Maximum court-imposed fine – $3,300
  • Maximum prison term – N/A
  • Minimum disqualification – 1 month
  • Default disqualification period –3 months

Second Offence

  • Maximum court-imposed fine – $5,500
  • Maximum prison term – 6 months
  • Minimum disqualification – 3 months
  • Default disqualification period –12 months

Court options

You have the options of pleading guilty or not guilty in court for a Drive While Disqualified or Drive While Suspended charge.

It is recommended that you speak to our Traffic lawyer before you enter a plea as this can affect the final result.

Contact our office today or request an appointment online.

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