Contravention of Restricted Licence Conditions


It is an offence under section 33 of the Road Transport (Driver Licensing) Act to contravene a condition of a restricted licence without reasonable excuse.

If you have been convicted of a drink driving offence in the ACT, it may be possible for you to obtain a restricted licence. In issuing restricted licences, the ACT Road Transport Authority may impose certain conditions that you must adhere to in order to continue driving.

Penalties

Generally, the starting point for a magistrate at sentencing is to record a conviction and impose a fine. The maximum fine is 50 penalty units and or six months imprisonment.

The Court has the discretion to order that you retain your licence; however, the default position for the Court is to cancel your licence if you are convicted or found guilty of contravening restricted licence conditions. This means that even if you have been found guilty but the Court orders that no conviction is recorded under Section 17 of the Crimes (Sentencing) Act, the Court may still cancel your licence.

If your licence has been cancelled by the Court under this section, you are prohibited from applying for or being issued another restricted licence for the whole of the period of time that the disqualification for your initial offence was for.

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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