Traffic Lawyers for Drive Whilst Suspended or Disqualified – ss 53 and 54 Road Transport Act 2013 (NSW)

https://www.sydneycriminallawyers.com.au/traffic/offences/driving-without-a-licence/


Driving without a valid drivers’ licence is one of the most common traffic offences. Under the law, there are two different offences which fall into this category:

Driving without a valid licence can result in harsh penalties that affect your ability to work, travel and obtain a licence in the future.

However, with the help of Sydney’s traffic law experts, you can give yourself the best possible defence in your “drive while unlicensed, suspended, cancelled or disqualified” matter so that you can move on with your life and get your licence back sooner.

Our expert defence team is highly experienced in fighting and winning serious driving matters and can give you the advice and representation necessary to secure a positive outcome in your case.

Drive while unlicensed/never licensed – s 53 Road Transport Act 2013

Driving whilst unlicensed, or when you don’t have a licence, can give rise to onerous penalties that can have a negative impact on your life.

But when it comes to fighting the charges, the right legal team can make all the difference.

Sydney Criminal Lawyers® specialises in traffic matters – so you can trust our highly-respected expert lawyers to have the knowledge and skills to help you achieve the best outcome in your case.

Over many years, we have developed tried and tested methods to help you avoid harsh fines and lengthy disqualification periods.

Your Options

Pleading Not Guilty

If you disagree with what the police are alleging, you should consider pleading ‘not guilty’ and fighting the matter in court.

Before you can be found guilty of driving whilst unlicenced or never licenced, the prosecution must prove two ‘essential elements’ beyond a reasonable doubt:

If you therefore believe that the prosecution will not be able to prove these two elements beyond a reasonable doubt, you can plead ‘not guilty.’

Our highly experienced traffic advocates will then thoroughly examine all the evidence to find problems with the prosecution case. We are frequently able to have charges dropped by raising these issues early on.

As a criminal law firm that specialises in traffic matters, we have the knowledge and experience to effectively fight the charges.

Where the prosecution does not withdraw the charges, our exceptional traffic lawyers can help you share your side of the story in court, as well as any evidence that may help your case.

We can also advise you of any defences that you can raise to explain your actions, for example:

Remember, before entering a plea to any charges, you should always speak to an experienced traffic lawyer who you can trust to accurately advise you about your options and what to do next.

Pleading Guilty

The following penalties apply if you wish to plead guilty.

Offence Penalty if it’s your first major traffic offence in the past 5 years Penalty if it’s your second or later major traffic offence in the past 5 years
Drive while unlicensed  (never licensed) Fine of $2,200.
  • 12 months disqualification which can be reduced by the court to 3 months,
  • Maximum fine of $3,300, and
  • Maximum prison sentence of 6 months

However, it’s important to bear in mind that a good lawyer may be able persuade the court to impose ‘no conviction’ – which will mean there is no disqualification from driving, no fine and no other penalties.

Why Sydney Criminal Lawyers®?

Everyone makes mistakes from time to time – but those mistakes don’t have to seriously impact your life or cost you your freedom.

At Sydney Criminal Lawyers®, we understand how important it is to have a clean criminal record – which is why we fight to ensure that our clients get the best result in every case.

Our lawyers appear in court on a daily basis in relation to “drive unlicenced, suspended, disqualified or cancelled” matters.

From our decades of combined experience winning some of the most serious traffic matters, we have developed and refined a range of skills and techniques to win your case, no matter how serious the charges are.

Often, going to court can be a lengthy and costly process – which is why we always push to have matters resolved outside of court, by finding problems with the prosecution case and asking for the charges to be dropped early on.

We also offer attractive fixed fee arrangements for these types of matters – so you know right from the start how much it’s going to cost you.

If you do go to court, you can count on our highly-respected Accredited Criminal Law Specialists to put forth the most compelling argument.

These senior criminal defence lawyers have been recognised for their expert knowledge of the law, as well as their ability to win the most complex criminal cases.

If you choose to plead guilty, our experts will fight to secure you a ‘section 10 dismissal or conditional release order,’ where no conviction is recorded on your criminal record, leaving you free to work and travel as you please.

The right legal team can be the difference between winning and losing your case. So don’t settle for second-best – call us today on (02) 9261 8881 and let us help you win your drive while unlicenced case.

Drive while suspended, cancelled or disqualified – s 54 Road Transport Act 2013

Driving while your licence is suspended, cancelled or disqualified is often treated seriously by the courts.

But you can count on the experts at Sydney Criminal Lawyers® to fight for you every step of the way and secure you the best outcome.

Your Options

Pleading Not Guilty

If you don’t agree with what the police are alleging, you can plead ‘not guilty’ and fight the matter in court.

Before you can be found guilty of an offence, the prosecution has to prove the ‘essential elements’ of that offence.

In the case of driving whilst suspended, cancelled or disqualified, the prosecution must prove:

If the prosecution is unable to prove both of these elements, you will be found ‘not guilty.’

In these situations, our expert traffic lawyers can help you fight the charges by highlighting problems with the prosecution case at an early stage and requesting that the charges be dropped.

Alternatively, if the matter proceeds to court, our Accredited Criminal Law Specialists will give you the strongest possible defence to the charges by effectively examining all witnesses and raising all relevant evidence in a persuasive manner.

Our lawyers can also help you identify whether you had a “reasonable excuse” for your actions – these are commonly known as defences. If accepted, they will result in a finding of “not guilty.”

Examples of defences for driving whilst suspended, cancelled or disqualified include:

If you want to plead ‘not guilty’ to driving whilst suspended, cancelled or disqualified, it’s important to seek advice from an experienced traffic lawyer, who will be able to accurately advise you of your options when fighting the charges.

Pleading Guilty

If you wish to plead guilty, the penalties for driving without a valid licence are as follows:

Offence Penalty where it’s your first major traffic offence in the past 5 years Penalty where it’s your second or more major traffic offence in the past 5 years
Drive while suspended, disqualified, cancelled or refused
  • 6 months disqualification which may be reduced by the court to 3 months,
  • Maximum fine of $3,300, and
  • Maximum prison sentence of 6 months
  • 12 months disqualification from driving which may be reduced by the court to 6 months,
  • Maximum fine of $5,500, and
  • Maximum prison sentence of 12 months
Drive while  suspended due to a fine default
  • 3 months disqualification which can be reduced by the court to 1 month, and
  • Maximum fine of $3,300
  • 12 months disqualification which may be reduced by the court to 3 months,
  • Maximum fine of $5,500, and
  • Maximum prison sentence of 6 months

It is important to be aware that the magistrate will have discretion to impose ‘no conviction’ – which will mean there is no disqualification, fine or other penalty.

A good lawyer will fight hard to achieve the best possible result in the circumstances, including a non-conviction where appropriate.

Why Sydney Criminal Lawyers®?

When your licence and freedom is on the line, you want only the best traffic lawyers representing you in court.

For many years, the experts at Sydney Criminal Lawyers® have been successfully defending clients who have had their licence suspended, cancelled or disqualified.

Our experience has helped us develop tried and tested techniques to help protect your reputation and freedom.

Our in-depth knowledge of traffic law, combined with the excellent courtroom skills of our lawyers, means that you are guaranteed the best possible result in your case, no matter how serious the charges are.

If you want to plead ‘not guilty’ and fight the charges in court, our lawyers can help you win your case by raising any possible defences – for example, where you drove due to a medical emergency, or where you reasonably believed that your licence was still valid.

We will carefully examine all the evidence to determine whether there are any problems with the prosecution case, and push to have the charges dropped if there are any issues found.

Our lawyers can also assist you in achieving the best outcome if you choose to plead guilty. By putting forth your case in the most favourable light in a compelling sentencing submission, we can help you avoid the more serious penalties that can apply – such as imprisonment.

In many cases, we have been able to help our clients obtain a ‘section 10 dismissal or conditional release order,’ which is where you are found guilty of the offence but no conviction is recorded on your criminal record.

We can obtain these types of excellent results due to the hard work and dedication of our lawyers, who appear in court on a daily basis and are highly respected by magistrates, judges and other members of the legal profession.

Going to court? Get the best lawyers on your side by calling us on (02) 9261 8881 and booking your FREE first conference today.

Can I apply to get my licence back early?

The law changed on 28 October 2017 to allow disqualified drivers to apply to the local court to remove their disqualifications and thereby get their licences back early.

Who can apply?

If you are a disqualified driver, you may apply for the removal of all disqualification periods where:

  1. Any of your existing disqualification periods relate to one or more of the following offences:

AND

OR

  1. Your remaining disqualification periods relate to a habitual offender declaration/s

AND

You have not been guilty of a driving offence in the past 2 years.

OR

  1. In any other case, you have not been guilty of a driving offence for the past 2 years.

Parking fines are not considered to be driving offences.

Is anyone ineligible to apply?

You will not be eligible to apply for the removal of your disqualifications if you’ve ever been guilty of one or more of the following offences:

How do I apply?

The application is filed in a NSW local court specifying that it is made under section 221B of the Road Transport Act 2013.

The application should be accompanied by an up-to-date driving record and particulars of any ‘pending proceedings’ for alleged driving offences.

A court date will be allocated at the time of filing.

What will the court look at?

On the court date, a magistrate will determine whether it is “appropriate” to remove all of your existing licence disqualifications.

In making that decision, the magistrate will need to take into account:

Persuading the court

The relevant information can be communicated to the magistrate through:

What if my application fails?

If the local court rejects your application, you can make another after at least 12 months.

 

More Information

What’s the difference between driving whilst unlicensed, suspended, cancelled or disqualified?

The law can be hard to navigate and understand, especially when it comes to complex legal terminology.

However, we have put together some information to help you understand the difference between driving whilst unlicensed, suspended, cancelled and disqualified.

Each of these offences carries different penalties depending on what you have been charged with. If you are unsure about your charges, you can call us on (02) 9261 8881 and arrange a FREE conference to have our expert lawyers explain the charges to you.