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Drive While Unlicensed - Criminal law article outlining what the law states, maximum penalty, what police must prove, possible defences and which court.
Drive While Unlicensed - Criminal law article outlining what the law states, maximum penalty, what police must prove, possible defences and which court.

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Drive while unlicensed

Drive While Unlicensed - Criminal law article outlining what the law states, maximum penalty, what police must prove, possible defences and which court.

Contact Armstrong Legal:
Sydney: 02 9261 4555
Canberra: 02 6288 1100

Lionel Rattenbury | Traffic Lawyer | Armstrong Legal
Nicholas Breen | Traffic Lawyer | Armstrong Legal
Sebastian De Brennan | Traffic Lawyer | Armstrong Legal
Richard Mayo | Traffic Lawyer | Armstrong Legal
Andrew Tiedt | Traffic Lawyer | Armstrong Legal
John Sutton | Traffic Lawyer | Armstrong Legal
Lisa-Claire Hutchinson | Traffic Lawyer | Armstrong Legal
John Meadley | Traffic Lawyer | Armstrong Legal
Justin Wong | Traffic Lawyer | Armstrong Legal

The Maximum penalty under subsection (1) is 20 penalty units. Under subsection (2), the maximum penalty is (a) 20 penalty units for a first offender; or for a repeat offender, 30 penalty units, imprisonment for 18 months or both.

No# of Cases 8746
Section 10 Dismissal 791
Section 10 Bond 539
Section 10A 136
Fine 6459
Good Behaviour Bond 589
Suspend Sentence 79
Community Service Order 108
Periodic Detention 10
Gaol Including Home Detention 35

Penalties the court can impose for driving while unlicenced

What the Police must prove – Driving While Unlicensed

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The person, or a person employed or permitted by you, was driving
  2. Without a license.
  3. Whilst not exempted
  4. It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

The Law – Drive While Unlicensed Road Transport (Driver Licensing) Act 1999-Section 25 states:

(1) A person must not, unless exempted by the regulations:

(a) drive a motor vehicle on any road or road related area without being licensed for that purpose, or

  (b) employ or permit any person not so licensed to drive a motor vehicle on any road or road related area.

(2) A person who has never been licensed must not, unless exempted by the regulations, drive a motor vehicle on any road or road related area without being licensed for that purpose.


Drive While Unlicensed - Criminal law article outlining what the law states, maximum penalty, what police must prove, possible defences and which court.

Contact Armstrong Legal:
Sydney: 02 9261 4555
Canberra: 02 6288 1100

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