Driving whilst Unlicensed, Suspended Disqualified or Cancelled

Serious Offences: Driving While Disqualified, Cancelled, or Suspended

Driving while disqualified, cancelled, or suspended in New South Wales is treated very seriously by the courts. Repeat offenders often face prison sentences or alternatives such as home detention or suspended sentences. Below is a summary of these driving offences.

Driving While Unlicensed

Driving while unlicensed occurs when a person drives on a public road without a valid license but has not had their license disqualified, suspended, or cancelled. A first offence results in a fine, while subsequent offences can lead to imprisonment.

Driving While Cancelled

Driving while cancelled is committed when a person drives on a public road after Transport for NSW cancels their driver’s licence. Penalties for this offence vary based on prior offences within a five-year period and can include a fine up to $3300, imprisonment for up to 12 months, and a driving disqualification for up to 12 months.

Driving While Disqualified

Driving while disqualified occurs when a person drives on a public road after a court disqualifies their license. Penalties for a first offence include a fine of up to $3300 and up to six months in prison. Repeat offences can lead to a fine up to $5500 and up to one year in jail.

Driving While Suspended

Driving while suspended occurs when a person drives on a public road after Transport for NSW suspends their license. Penalties include a fine up to $3300 and up to six months in jail for a first offence, or up to 12 months for subsequent offences. The defence of an honest and reasonable mistake of fact is available if the person was unaware their licence was suspended.

Driving with a cancelled or suspended licence under the Fines Act 1996 (NSW)

If you were driving with a suspended or cancelled licence under the Fines Act 1996 (NSW), the potential periods of disqualification are different for the first offence. Rather than a 12-month minimum disqualification, the minimum disqualification is only three months.”

Removing a Licence Disqualification

A disqualified driver can apply to have their disqualification period shortened or removed by the Local Court if:

• An application is made by the disqualified driver or their legal representative.
• The driver has completed their offence-free period.
• The driver has not been convicted of any other moving traffic offence.
• The court deems it appropriate to remove the remaining disqualification.

The offence-free period required varies based on the driver’s record and past convictions.

Immeditate Police Suspension Notice

Police can issue a suspension notice in certain situations, such as charges related to murder or manslaughter involving a vehicle, dangerous driving, high-range drink driving offences, or refusal to submit to a breath test. This notice suspends driving privileges from the moment it is received until the court determines the matter.

Offences That Can Attract an Immediate Suspension

Police can issue an immediate licence suspension for the following offences:

• Exceeding the speed limit by more than 45 km/h for provisional or full licence holders.
• Exceeding the speed limit by 30 km/h for provisional licences or foreign licence holders.
• Low, mid, and high-range drink-driving for both first and second/subsequent offences.
• Drug-driving for both first and second/subsequent offences.
• Offences involving the death or grievous bodily harm to another person caused by the use of a motor vehicle, including:
  • Murder or manslaughter.
  • Wounding or grievous bodily harm with intent.
  • Reckless grievous bodily harm or wounding.
  • Dangerous driving.

What Does a Notice of Suspension Mean?

A police officer must issue a notice of suspension within 48 hours of stopping a driver for the above offences. The suspension remains in force for three to six months, depending on the offence. The suspension takes effect immediately upon issuing the notice. For NSW licence holders, the suspension applies Australia-wide. For licence holders from other Australian jurisdictions, the suspension applies only within NSW.

Licence Suspension Appeals

You can appeal a police-issued suspension notice to the Local Court. The Court can:

• Allow the appeal (removing the suspension).
• Refuse the appeal (maintaining the suspension).
• Make an order as it deems just.

To succeed in an appeal against a police immediate suspension, you must establish exceptional circumstances justifying lifting or varying the suspension. Filing the appeal does not stay the suspension, which remains in force until the court date.

Exceptional Circumstances

“Exceptional circumstances” are not defined under the Road Transport Act 2013. The Court may consider:

• The applicant’s need for a licence.
• Hardship caused by the suspension.
• Potential risks to the community if the order is made.
• Any other relevant matter.

Establishing exceptional circumstances is challenging, as courts set a high bar. Case law indicates that loss of employment due to loss of licence alone does not constitute exceptional circumstances.

Stay Applications

If charged with a criminal offence and subject to an immediate licence suspension, you can apply to the Court to stay the suspension pending the case outcome. You must establish exceptional circumstances, considering:

• The strength of the prosecution evidence.
• The affected person’s need for a licence.
• The potential danger to the community.
• Any other relevant matter.

Time Limit for Lodging an Appeal

An appeal must be lodged within 28 days from the suspension notice issue date. If not lodged in time, the court cannot hear the appeal, and the suspension must be served.

Demerit Points

A licence can be suspended if a person accrues the maximum number of demerit points within a specified period. The suspension period depends on the total points accrued.

What are your options at Law?

1. Negotiate with prosecutors to withdraw or amend the charges.
2. Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
3. Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
4. Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available. 

Have you been charged with Driving Whilst Unlicensed, Suspended or Disqualified or Cancelled? Contact our team today to book your first free consultation.

If you require legal advice or representation related to suspended, unlicensed, or disqualified driving, or any other legal matter, contact Barsha Defence Lawyers at 0474 708 070. Our experienced criminal & traffic legal team will provide expert guidance and fight to achieve the best possible outcome for your case.

Facing Charges for Driving Offences?

Driving while suspended, cancelled, disqualified, or never licensed in New South Wales is treated seriously by the courts, with severe penalties including fines, imprisonment, and lengthy disqualification periods. Protect your rights and get expert legal help to navigate these challenging situations.

Why Choose Barsha Defence Lawyers?

• Expertise in Traffic Law: Our team specializes in traffic offences and has a proven track record of achieving favorable outcomes for our clients.
• Personalized Defence Strategies: We tailor our approach to your unique case, ensuring the best possible defence.
• Strong Representation: From negotiating with prosecutors to representing you in court, we provide comprehensive legal support.

Don’t Face the Courts Alone

If you’re charged with driving while suspended, cancelled, disqualified, or never licensed, take immediate action to safeguard your future. Attending Court without a lawyer could have a detrimental impact on the outcome of your traffic offence.

Don’t wait – the sooner you get legal help, the better your chances of a positive result. Reach out to Barsha Defence Lawyers now for a free consultation.