Drive Whilst Disqualified


The offence of drive whilst disqualified is committed by a person who drives a motor vehicle on a public road after their licence has been disqualified by a court.

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 of the offence, it will disqualify you for the automatic disqualification period unless it orders a shorter or longer period of disqualification (but not shorter than the minimum disqualification period).

Likely penalties for a disqualified driving charge

The following statistics for a disqualified driving charge have been obtained from the Judicial Commission and were accurate as at March 2017. The statistics show sentencing trends for disqualified driver charges and are to be used as a guide only.

No# of Cases 5635
Section 10 Dismissal 72
Section 10 Bond 470
Section 10A 57
Fine 2258
Good Behaviour Bond 1503
Suspend Sentence 410
Community Service Order 475
Intensive Corrections Order 76
Home Detention 16
Full-Time Gaol

Penalties the court can impose for a disqualified driver charge.

The following penalties apply once the court decides that it intends to record a conviction against you:

First driving while disqualified offence

  • A maximum fine of $3,300.00
  • An automatic disqualification period of 6 months
  • A minimum disqualification period of 3 months
  • A maximum gaol term of 6 months

Second or subsequent offence within five years

  • A maximum fine of $5,500.00
  • An automatic disqualification period of 12 months
  • A minimum disqualification period of 6 months
  • A maximum gaol term of 12 months

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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