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Learner driver drive unaccompanied

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

10 Practical tips for representing yourself

The offence of learner driver drive unaccompanied is committed by a person who drives a motor vehicle without the seat next to the learner being occupied by a person with a full licence.

Penalties for learner driver drive unaccompanied

Regardless of how bad your traffic record is the court has a discretion whether to record a conviction against you for this 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 mandatory 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.

Penalties the court can impose

The following penalties apply once the court decides that it intends to record a conviction against you for the offence of learner driver drive unaccompanied:

  • A maximum fine of $2,200.00
  • A maximum disqualification period of 12 months
  • A mandatory disqualification period of 3 months

Learner driver drive unaccompanied case study

Driver with learner's license is pulled over while unaccompanied

Offence: Learner driver drive unaccompanied

Circumstances of offence: This person had just come off the back of an extensive period of disqualification exceeding 3 years. He was in the process of training for an upcoming driving test to obtain his Red P License. He only had a Learner's License at the time he was caught. On the morning of the event our client had a friend accompany him to work. The friend held a full driver's license. The friend had to leave work unexpectedly and our client was left in a position where he felt there was no other alternative except to drive home without a licensed driver sitting in the passenger seat. He was picked up by Police on his way home.

In the period between getting caught by the police and going to court our client obtained his Red P License.

Driving history: Our client first obtained his license five years and 10 months before the date of this offence. The offences on his traffic history included Not Display Plates, Not Give Particulars After Crash, Disobey Traffic Lights, Exceed Speed Limit by More Than 45 km/hr, Not Keep Left on Multi-Lane Road, Drive Whilst Suspended, Drive Whilst Suspended, Disobey Traffic Lights, Drive While Disqualified.

Decision of the Court: The matter was dismissed without conviction under the Crimes (Sentencing Procedure) Act Section 10(1)(b) conditionally upon our client entering a Bond to be of good behavior for a period of 12 months.

This meant that our client received no fine and was able to keep his Red P License.


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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