A driver’s licence can be disqualified by a court. This is different from a ‘suspension’ which is usually imposed by the RTA. A licence can be disqualified by the court for a number of reasons including:
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Speeding
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Drink driving
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Driving while suspended
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Driving while disqualified
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Dangerous driving
If your licence has been disqualified it is illegal to drive a motor vehicle on a road or road related area.
If you are caught driving whilst in a disqualification period you can be charged with ‘drive while disqualified’ and will need to attend a Court.
Penalties for ‘drive while disqualified
The court has the discretion to impose a number of penalties for the charge of ‘drive while disqualified. If you plead guilty (or are found guilty) the court has the discretion not to record a conviction against you and thus you will not be disqualified from driving for a further period. This is called a section 10 dismissal of the charge whereby you are found guilty but not convicted. The court will consider several factors in determining whether you are an appropriate candidate for a section 10 dismissal such as your driving record, your good character, your needs for a licence and your early plead of guilty.
If you plead guilty (or are found guilty by the court) and the court does not allow for a section 10 dismissal of the charge they must at least impose the mandatory disqualification period which is 12 months for your first offence and 2 years for your second or subsequent offence. The court also has the discretion to impose fines, a gaol term and community service orders. The possible penalties for ‘drive while disqualified are detailed in the following table:
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PENALTIES
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FIRST OFFENCE
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SECOND OR SUBSEQUENT OFFENCE
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Maximum court imposed fine
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$3,300
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$5,500
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Maximum gaol term
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18 months
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2 years
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Minimum disqualification
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12 months
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2 years
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Maximum disqualification
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Unlimited
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Unlimited
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Disqualification in the absence of a specific court order (automatic period)
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12 months
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2 years
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Defending the charge of’ drive while disqualified’
There are a number of defences available to driving whilst disqualified including:
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Honest and reasonable mistake: That is that you were not aware that your licence was disqualified.
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Challenging the legitimacy of the disqualification on legal technicalities.
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Convincing the court that you were not the driver.
As serious penalties are available to the court for this offence, most people charged with driving whilst disqualified will plead guilty rather than risking that the court impose a more severe penalty if their defence is not accepted by the court.
How can Prime Lawyers help?
Our traffic lawyers have a wealth of experience and knowledge in this field of law. If you are pleading guilty to a drive while disqualified charge we are able to appear at Court with you and make submissions to the court in an attempt to lessen the penalty that the Court imposes.
If you wish to defend the charge we can advise you of your chances of successfully defending the matter. Our traffic lawyers have extensive experience in presenting these matters to the court and their assistance will give you the greatest chance of obtaining a successful result.
Please contact our firm on (02) 9521 2222 to speak with one of our traffic lawyers today. Alternatively send your enquiry online now and we will contact you shortly.