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Driving Offences

It is a serious offence in Queensland to drive a motor vehicle without holding a licence to do so. There are two types of offences under the heading ‘driving without a licence’. The first is ‘driving while disqualified’ and it is committed if a person drives a motor vehicle after being disqualified by a court. The second offence is simply driving without a licence and it is committed by a person who drives a motor vehicle while their licence is, for example, expired or suspended. Depending on the circumstances, these offences are treated very seriously by the courts and some offenders, in particular repeat offenders, receive prison sentences.

For first-time offenders to avoid going to prison reasons must be provided to the court. There may be an explanation as to why you drove eg an emergency. If you can explain your reasons to the court, the court may not convict you, and may only impose the minimum mandatory disqualification period.

If you have been charged with driving without a licence it is important that you obtain legal advice, and possibly representation, before you go to court for your matter in order to ensure the best possible outcome for yourself.

Drive While Disqualified

The offence of driving while disqualified can attract severe penalties including imprisonment.

Drive Without A Licence/Drive While Suspended

The offence of driving without a licence is not as serious as driving whilst disqualified. However, it can still result in a custodial sentence, with the maximum penalty being one year of imprisonment.

Removal Of Disqualification

When a person has been disqualified for a period of more than two years in Queensland, it is possible for them to apply to have the disqualification removed so that they can get their licence back. A person is most likely to succeed in this application if they can demonstrate that their circumstances and attitudes have changed significantly since their offending.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

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