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Driving while disqualified / suspended / cancelled or unlicenced

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

10 Practical tips for representing yourself

The maximum penalties for driving unlicenced vary depending upon whether you have ever held a licence. The maximum penalty for driving unlicenced where you have previously been licenced is a fine of $2,200. The maximum penalty increases to a fine of $3,300 and a mandatory licence disqualification for a repeat offender who has never held a licence.

The offence states that a person has never been licensed in connection with an offence if the person has not held a driver licence of any kind in Australia for the period of at least 5 years immediately before the commission of the offence.

No# of Cases 1674
Section 10 Dismissal 188
Section 10 Bond 428
Section 10A 22
Fine 886
Good Behaviour Bond 107
Suspend Sentence 14
Community Service Order 15
Intensive Corrections Order 1
Home Detention 1
Full-time Gaol 12

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.

  • The person, or a person employed or permitted by you, was driving
  • Without a license.
  • Whilst not exempted

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:

  • A person must not, unless exempted by the regulations:
    • drive a motor vehicle on any road or road related area without being licensed for that purpose, or
    • employ or permit any person not so licensed to drive a motor vehicle on any road or road related area.
    • Maximum penalty: 20 penalty units.
  • 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.
    • Maximum penalty: 20 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for a period 18 months or both (in the case of a second or subsequent offence).
  • If a person is convicted of an offence under subsection (2) (being a second or subsequent offence), the person is disqualified by the conviction (and without any specific order) for a period of 3 years from holding a driver licence. The disqualification is in addition to any penalty imposed for the offence.
  • For the purposes of this offence, a person has never been licensed in connection with an offence if the person has not held a driver licence (or equivalent) of any kind in Australia for the period of at least 5 years immediately before the commission of the offence.
  • An offence under this section is a second or subsequent offence for the purposes of this section if:
    • it is the second or subsequent occasion on which the person is convicted of an offence against this section within the period of 5 years immediately before the person is convicted of the offence.

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.

Why Choose Armstrong Legal?

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