It is an offence contrary to s25A(1) of the Road Transport (Drivers Licensing) Act 1998 to drive if your licence has been disqualified.
A common example of this is when you have been convicted of a drink driving offence, disqualified by the Court and then drive during the term of the disqualification period.
If the police catch you driving whilst disqualified, 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 a drive whilst disqualified for the first time and more serious penalties for people who have been convicted of drive whilst disqualified for a second time within 5 years or have previously been convicted within 5 years for a major offence.
The Penalty
1st Offence
- A maximum fine of $3,300; and/or
- Imprisonment of up to 18 months,
- A mandatory minimum disqualification period of 12 months.
2nd Offence
- A maximum fine of $5,500; and/or
- Imprisonment of up to 2 years,
- A mandatory minimum disqualification period of 2 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.
Contact Benjamin & Leonardo Criminal Defence Lawyers to see whether we can help you keep your licence.
