Driving Whilst Suspended or Cancelled Due to a Fine Default is an offence under Section 54(5) of the Road Transport Act 2013.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You drove a motor vehicle, and
- Your licence was suspended or cancelled at the time because you failed to pay a fine
If it is your first major traffic offence in the last 5 years the maximum penalty is:
- A 3 month ‘automatic’ licence disqualification, which can be reduced by a court to 1 month, 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:
- 6 months in prison
- A 6 automatic licence disqualification, which can be reduced by a court to 3 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:
- Necessity, and
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.
Section 54(5) of the Road Transport Act 2013 is Driving whilst Suspended or Cancelled due to a Fine Default and reads as follows:
Driving whilst Suspended or Cancelled due to a Fine Default
(5) Driving or making licence application after licence cancelled or suspended for non-payment of fine A person whose driver licence is suspended or cancelled under section 66 of the Fines Act 1996 must not:
(a) in the case of a suspended driver licence:
(i) drive on a road a motor vehicle of the class to which the suspended licence relates, or
(ii) make an application for a driver licence during the period of suspension for a motor vehicle of the class to which the suspended driver licence relates and in respect of such an application state the person’s name falsely or incorrectly or omit to mention the suspension, or
(b) in the case of a cancelled driver licence:
(i) drive on a road a motor vehicle of the class to which the cancelled licence related without having subsequently obtained a driver licence for a motor vehicle of that class, or
(ii) make an application for a driver licence for a motor vehicle of the class to which the cancelled licence related and in respect of the application state the person’s name falsely or incorrectly or omit to mention the cancellation.
Maximum penalty: 30 penalty units (in the case of a first offence) or 50 penalty units or imprisonment for 6 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.