family law | criminal law | traffic law | about us | contact us
telephone: 02 9261 4555

family law
criminal law
traffic law
You chose
You selected
Learn about
relatedtopics
I need moreinformation
Act now- book an appointment
traffic lawmenu
recentlyadded
moreinformation
Drive While Suspended

The Law - Drive While Suspended

The offence of drive whilst suspended (Section 25A(2) Road Transport (Drivers Licensing) Act 1998) is committed by a person who drives a motor vehicle on a public road when there licence has been suspended by the RTA.

Penalties - Drive While Suspended

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.

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


1st Major Traffic Offence - Drive While Suspended

1. A maximum fine of $3,300.00
2. An unlimited maximum disqualification period
3. A mandatory disqualification period of 12 months


2nd or subsequent major offence within 5 years - Drive While Suspended

1. A maximum fine of $5,500.00
2. An unlimited maximum disqualification period
3. A mandatory disqualification period of 2 years


Possible defences - Drive While Suspended

The most common defence for this offence is the defence of honest and reasonable mistake of fact. You must give evidence that you were unaware at the time of driving that you were either cancelled or suspended because you were not notified by the RTA. In order to successfully raise the defence you have to prove that your belief that you were not cancelled or suspended was both honest and reasonably held.

Disclaimer


The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.


Useful Links


Attending A Police Station
- Explains your rights when arrested and the police powers to obtain evidence.
Going To Court  - A virtual tour of the court process - from arrest to sentencing
Contact our Criminal Law Team - Free legal advice from expert Criminal Defence Lawyers


 +61 (0)2 9261 4555
 Book an appointment
Phone: 02 9261 4555  
Accredited Specialists in Criminal Law & Quality Endorsed Legal Practice - Law 9000 (based on ISO 9001).
Website designed and optimised by FAQ Consulting