Drive while suspended for nonpayment of fine

The Offence Of Drive Whilst Suspended For Non-Paymenypo is Committed By a Person Who Drives a Motor Vehicle on a Public Road When Their Licence Has Been Suspended Due to the Non-Payment of a Fine.


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).

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

First Offence

  • A maximum fine of $3,300.00
  • An unlimited maximum disqualification period
  • A mandatory disqualification period of three months
  • A maximum gaol term 18 months

Second or Subsequent Offence Within 5 Years

  • 1. A maximum fine of $5,500.00
  • 2. An unlimited maximum disqualification period
  • 3. A mandatory disqualification period of two years
  • 4. A maximum gaol term two years

Possible Defences

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.


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