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The Law - Drive While Suspended

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

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.

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