违章驾驶
驾驶罪律师
As a leading traffic defence law firm based in Sydney, our expert team of traffic lawyers possess a wealth of knowledge in relation to charges of driving whilst disqualified.
如果您或您认识的人面临此类指控，请立即联系 Essere - The Defenders 进行首次咨询。.
It is an offence to drive if you licence has been disqualified. A common example of this is when you have been convicted of a drink driving offence, were disqualified by the Court, and then drive during the term of disqualification period.
In fact, the offence of driving whilst disqualified is found under section 54.1 of the Road Transport Act 2013 which states that:
- A person who is disqualified from holding or obtaining a driver’s licence not:
- Drive a motor vehicle on a road during the period of disqualification, or
- Make an application for a driver licence during the period of disqualification and in respect of the application:
- 谎报或误报该人的姓名，或
- Omit to mention the disqualification.
As a leading driving offence lawyers based in Sydney, our expert team of solicitors possess a wealth of knowledge in relation to charges of driving whilst disqualified.
If you, or somebody you know is facing such charges, contact Essere – The Defenders, now for a first consultation.
处罚
The charge of driving whilst disqualified is seen as a serious traffic infringement as per Section 54 of the Roads Transport Act 2013. The Act states that the following penalties apply for first time offenders:
- A maximum fine of $3,300; and/or
- Imprisonment of up to 18 months,
- A mandatory minimum disqualification period of 12 months
However, if the offence has been conducted on multiple occasions, the Roads Transport Act 2013 states the following punishments apply:
- A maximum fine of $5,500; and/or
- Imprisonment of up to 2 years,
- A mandatory minimum disqualification period of 2 years
However, with the help of our traffic infringement lawyers, you may be able to avoid a fine, imprisonment and loss of licence. We can also persuade the Court has the ability to enforce less severe penalties which is much more favourable than facing the maximum outcome. The Court may also use their discretion to deal with the matter by means of a section 10 dismissal in which no conviction is recorded.
In order to obtain the best result for a charge of driving whilst disqualified, you need the legal representation of an experienced traffic offence lawyer. At Essere – The Defenders, we provide our clients with honest and realist advice in relation to their matter, and also have the dedication to achieve the best outcome possible through careful preparation.
If you or someone you know is facing charges relating to driving whilst disqualified, it is advised to contact our team now for a consultation.
有罪
In order to be found guilty of driving whilst disqualified, It is up to the Police to establish and prove the following beyond a reasonable doubt:
- 您在道路上驾驶机动车；;
- And you did so whilst disqualified
如果您倾向于同意被控在不合格情况下驾驶，那么认罪可能是明智之举。如果您选择这样做，那么您将进入量刑阶段，可能会面临上述处罚。.
Despite this being true, pleading guilty may achieve more favourable outcomes. A guilty plea typically demonstrates remorse for your actions and therefore it is not uncommon for the Court to discount the maximum penalty and enforce a less significant fine, gaol sentence or disqualification period.
Our Sydney based traffic lawyers may also be able to negotiate a deal with the prosecution team, given you enter a guilty plea or persuade the Court to deal with the matter by the means of a section 10 dismissal. If a section 10 is granted, no conviction will be recorded and penalties will not be imposed. However, in some instance, a section 10 dismissal may stipulate conditions that must be adhered to, otherwise the privilege could be revoked.
At Essere – The Defenders, we are a team of leading traffic offence lawyers based in Sydney. With 29 years of experience in traffic and criminal law, along with our involvement in the Traffic Offenders Intervention Program, our team possesses extensive knowledge in relation to offences such as driving whilst disqualified. Furthermore, through our honesty, dedication and commitment, our team has proudly achieved a 90% success rate on all traffic offence and criminal cases that we have represented. If you or someone you know is facing charges related to driving whilst disqualified, it is advised to seek legal representation immediately.
Call our traffic lawyers now to schedule a first consultation where we can provide tailored advice in relation to your specific matter.
无罪
You also have the option to plead not guilty to the charge of driving whilst disqualified. If this is the case, the prosecution team must prove beyond reasonable doubt that you did commit the offence as per section 54 of the Road Transport Act. If it can be proven, it is likely that you will be convicted as per the penalties listed above.
However, in order In order to avoid conviction, our criminal defence lawyers will challenge the allegations set out against you, through thorough cross examination of evidence and raising an appropriate legal defence, when necessary. If we are successful, the charges against you will be dismissed. In other instances, you could be still liable to punishment, however our efforts could reduce the severity of the punishment imposed. A partial legal defence may persuade the Court the reduce the period that your licence is suspended, minimise the fine you face, help you avoid imprisonment or minimise the sentence for serious offences.
For relevant advice in relation to whether you should plead guilty or not guilty, please do not hesitate to contact our Sydney traffic offence lawyers for a first consultation.
防御
There are a number of defences that our traffic infringement lawyers may argue in relation to driving whilst disqualified. These can include:
胁迫： 涉及使用描述死亡或严重身体伤害的有害威胁，可能会胁迫被告参与非法活动，而如果没有这些威胁，被告是不会参与这些活动的。.
诚实合理的错误： 1995 年《刑法典法》（澳大利亚联邦）规定了个人不对特定罪行承担刑事责任的情况。刑法典法》第 9 分部规定：
9.1: 不了解事实的错误（过失以外的过错要素）。.
- 在下列情况下，一个人不对具有过失以外的过错因素的有形犯罪承担刑事责任：
- 在作出构成有形要件的行为时，该人对事实有误解或无知，并且
- 这种错误信念或无知的存在否定了适用于该物理要素的任何过错要素。.
- 在确定某人是否误信或不了解事实时，事实法庭可考虑在当时情况下误信或不了解事实是否合理。.
Therefore, it must be proven that there was a mistaken belief surrounding the incidence. A common example showcasing a reasonable and honest mistake is that the accused may have not been aware that their licence was disqualified. This characters a reasonable mistaken belief in which the accused will be found not guilty of this particular charge.
哪个法庭？
The matter of driving whilst disqualified will typically be finalised in the 地方法院. At Essere – The Defenders, we are heavily involved in the Traffic Offenders Intervention Program and therefore display extensive knowledge in traffic related offences. As a leading traffic lawyers in Sydney with numerous award wins and a 90% success rate, clients can be confident in our team’s dedication to achieve the best possible outcomes, regardless of the Court that your matter is finalised in.
Contact our criminal lawyers now for a consultation.
