Driving whilst disqualified is regarded by the court as a very serious offence because it usually constitutes a defiance of, and contempt for, an order either of the court.
Defending the Charge of Drive While Disqualified
There are a number of defences available to a charge of driving while disqualified including:
- Honest and reasonable mistake: That is, that you were not aware that your licence was disqualified.
- Challenging the legitimacy of the disqualification on legal technicalities.
- Convincing the court that you were not the driver at the time of the offence.
- Duress, forced through actual threats to yourself or people close to you to cause you to offend.
- Necessity, urgent circumstances that caused you to offend.
- Mitigating circumstances, external events that led up to or caused the incident.
It is common to plead guilty to this offence, rather than risk receiving a severe penalty if the defence is not accepted by the Court.
The range of penalties available for a charge of driving whilst disqualified are listed in the table below:
PENALTIES FIRST OFFENCE SECOND OR SUBSEQUENT OFFENCE Maximum court imposed fine $3,300 $5,500 Maximum gaol term 18 months 2 years Minimum disqualification 12 months 2 years Maximum disqualification Unlimited Unlimited Disqualification in the absence of a specific court order (automatic period) 12 months 2 years
How can Sydney Criminal Defence Lawyers help?
Our Traffic Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.
The initial consultation is free.