Drive Whilst Suspended

Has your licence been suspended for unpaid fines? Has your licence been suspended because you have accrued too many demerit points? Have you been caught exceeding the speed limit be over 30km/hr or over 45km/hr? Have you been given a police suspension for drink driving or drive in a manner dangerous?

If the answer to any of the above is “YES” and with that knowledge you drive a motor vehicle on a road related area, you are committing an offence.

It is an offence to drive while your licence is suspended.

If the police catch you driving while suspended, 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 drive whilst licence suspended for the first time, and more serious penalties for people who have been convicted of driving while suspended for a second time within 5 years or have previously been convicted within 5 years for a major offence.

View information on Drive Whilst Disqualified.

The Penalty for Drive Whilst Licence Suspended

1st Offence

  1. A maximum fine of $3,300; and/or
  2. Imprisonment up to 18 months;
  3. A mandatory minimum disqualification period of 12 months or a mandatory minimum disqualification period of 3 months if you have been suspended for non-payment of fines.

2nd Offence

  1. A maximum fine of $5,500; and/or
  2. Imprisonment up to 2 years;
  3. 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 know as a section 10.

Defence

There is a defence to the charge of drive whilst licence suspended: the defence of honest and reasonable mistake of fact. If you did not know that you were suspended at the time of driving you may be able to raise this defence and have the charge dismissed.

To obtain the best result for the charge of driving while suspended, you need an experienced Traffic Lawyer with the time to provide you with honest and realistic advice together with careful preparation of your case.

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

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