Going to Court? Book Your Free First Appointment

Driving whilst Disqualified, Suspended or Cancelled

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:

  1. You drove a motor vehicle, and
  2. 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:

  1. 6 months in prison
  2. A 6 month ‘automatic’ licence disqualification, which can be reduced by a court to 3 months, and
  3. A fine of $3,300

If it is your second or more major traffic offence in the past 5 years the maximum penalty is:

  1. 12 months in prison
  2. A 12 automatic licence disqualification, which can be reduced by a court to 6 months, and
  3. 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:

  1. A Section 10(1)(a) dismissal, or
  2. 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:

  1. Duress
  2. Necessity, and
  3. Self-defence

What Our Clients Say SEE ALL

  • ★★★★★

    Legend

    Kent Park is a legend.

  • ★★★★★

    An unbiased and fair hearing to attain the correct judicial sentencing

    Unfortunately I found myself in a position that I needed a lawyer. Although on the…

  • ★★★★★

    Truly an outstanding lawyer

    I highly recommend Lingwei Kong for legal representation. Lingwei combines professionalism with a personal touch,…

  • ★★★★★

    Great result thanks to Lingwei and his team from Sydney Criminal Lawyers

    Hi all I ingaged lingwei to represent myself with a police matter at Liverpool court…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages

APPOINTMENT BOOKING FORM

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)