201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000
Contact Armstrong Legal:
Sydney: (02) 9261 4555
The offence of drive whilst suspended is committed by a person who drives a motor vehicle on a public road after their licence has been suspended by the RMS (RTA) or police.
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 1999 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 mandatory 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 statistics for a suspended driving charge have been obtained from the Judicial Commission and were accurate as at March 2017. The statistics show sentencing trends for suspended driver charges and are to be used as a guide only.
|No# of Cases||8323|
|Section 10 Dismissal||330|
|Section 10 Bond||2206|
|Good Behaviour Bond||614|
|Community Service Order||76|
|Intensive Corrections Order||8|
Penalties the court can impose for a suspended driver charge.
The following penalties apply once the court decides that it intends to record a conviction against you:
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 RMS (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.
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.