Drive While Disqualified

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The Law - Driving Disqualified

The offence of drive whilst disqualified (Section 25A(1) 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 disqualified by a court.

Penalties - Driving Disqualified

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 Offence - Driving Disqualified

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 offence within 5 years - Driving Disqualified

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

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.

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