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Driving Whilst Disqualified
On a first offence the charge of Driving Whilst Disqualified may attract fines of up to $3 300 or even a gaol term of up to 18 months. However, with appropriate legal representation it is usually possible to avoid these heavy penalties.
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.
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:
How can Sydney Criminal Defence Lawyers help?
Our Criminal Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.
The initial consultation is free.
Sydney NSW 2000
After Hours: 0420 998 650
Fax: 02 8089 1116
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