Drive Unlicensed or Never Licensed

It is an offence to drive a motor vehicle without being licensed to drive. An example of this is if your license has expired within the last 5 years, and you are caught driving without having first renewed your license.

It is also an offence to drive a motor vehicle if you have never held a license to drive. If you have previously held a license that expired more than 5 years ago, then you will also be considered as having never held a license to drive.

If the police catch you driving unlicensed, it is not simply a matter of receiving a fine and losing demerit points. You will have to go to Court and face a Magistrate.

The law specifies penalties for people who have been convicted of the charge of drive unlicensed for the first time, and more serious penalties for people who have been convicted of an unlicensed driving charge for a second time within 5 years.

The penalties are as follows:

1st Offence
1. A maximum fine of $2,200.

2nd Offence (within 5 years of the conviction of the first offence)
1. A maximum fine of $3,300, and/or,
2. Imprisonment of up to 18 months.
3. If it is the second time that you have been found guilty of driving whilst never being licensed, you will automatically be disqualified from holding a license for 3 years.

You can avoid a fine, a term of imprisonment and losing your licence, if you can persuade the Court to not record a conviction against you. This is otherwise known as a section 10.

To obtain the best result you need an experienced Traffic Lawyer who has the time to provide you with honest and realistic advice together with careful preparation of your case.

Please contact Benjamin & Leonardo Criminal Defence Lawyers to arrange your FREE conference.

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