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Drive while disqualified

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

The offence of drive whilst disqualified is committed by a person who drives a motor vehicle on a public road after their licence has been disqualified by a court.

Regardless of how bad your traffic record is the court has a discretion whether to record a conviction against you for the offence. If the court decides not to record a conviction, you will not be disqualified from driving. Section 10 of the Crimes (Sentencing Procedure) Act allows a court that finds a person guilty of an offence the discretion not to impose a conviction against them.

If the court decides to convict you for the offence, the court must disqualify you from driving for the mantatory period set by the law or any additional period as the court may order. The mandatory period of disqualification is the minimum period of disqualification that the court can impose if it convicts you of the offence.

Likely penalties for a disqualified driving charge

The following statistics for a disqualified driving charge have been obtained from the Judicial Commission and were accurate as at August 2010. The statistics show sentencing trends for disqualified driver charges and are to be used as a guide only.

No# of Cases 11924
Section 10 Dismissal 131
Section 10 Bond 406
Section 10A 55
Fine 2377
Good Behaviour Bond 2549
Suspend Sentence 1930
Community Service Order 1955
Periodic Detention 472
Gaol Including Home Detention 2049



Penalties the court can impose for a disqualified driver charge.
The following penalties apply once the court decides that it intends to record a conviction against you:

First driving while disqualified offence

  • A maximum fine of $3,300.00
  • An unlimited maximum disqualification period
  • A mandatory disqualification period of 12 months
  • A maximum gaol term of 18 months

Second or subsequent offence within five years

  • A maximum fine of $5,500.00
  • An unlimited maximum disqualification period
  • A mandatory disqualification period of two years
  • A maximum gaol term of two years

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where to next?

In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.

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