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, aggravated burnout, negligent 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 have the matter heard at 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 by the court), the court has the discretion not to record a conviction against you. This is called a section 10 dismissal of the charge whereby you are found guilty but not convicted or penalised. 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 consider it appropriate to exercise its discretion to issue a section 10 it must impose a minimum disqualification period of 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, community service orders, or a good behaviour bond. 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: an example is where 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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You were not the driver at the time.
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.