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

  • ★★★★★

    I got the outcome I needed

    Thanks to Fred Coa I got the outcome I needed. He's an excellent insightful lawyer…

  • ★★★★★

    All 5 charges dismissed and not guilty

    After a long drawn out case and a difficult hearing Mr Fred Cao, well prepared…

  • ★★★★★

    The judge gave the best result of innocence

    在Fred的不懈坚持和斡旋下,检察官与警方最终在我的case上做出让步,最后法官也给了无罪的最好结果,同样的case发生在我朋友上就完全是不一样的结果,Fred的能力和责任心在这次问题的解决上完全体现了出来 With Fred’s perseverance and mediation, the prosecutor and the police finally made concessions on…

  • ★★★★★

    Went above and beyond to help me out

    10 months ago. Highly professional staff that went above and beyond to help me out.…

Going to Court? Call For Your Free First Appointment