legal advice 02 8059 7121 or after hours on 0420 998 650

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.

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.

Penalties

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 Criminal Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.

Call us now on 02 8059 7121 or contact us after hours on 0420 998 650 or text 24hrs to book an appointment with one of our solicitors.

The initial consultation is free.

Driving Whilst Disqualified

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.

Penalties

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 Daoud Legal:
Sydney Criminal Defence Lawyers help?

Our traffic lawyers will carefully consider your 'drive while disqualified' case, advise you on all your legal options, and recommend the best way forward.

Call us now 1300 885 646 or text 0420 998 650 24hrs to book a free consultation with one of our lawyers.

Driving While Disqualified | Criminal Defence and Traffic Lawyers in Sydney

Being charged with driving whilst disqualified or driving while suspended (during the period of disqualification) is a serious offence that requires expert legal representation from an experienced disqualified lawyer Sydney. At Doud Legal: Sydney Criminal Defence & Traffic Lawyers, our traffic lawyers are dedicated to achieving the best possible outcome for clients facing charges relating to driving without a licence or driving while their licence was disqualified.

Driving While Disqualified or Suspended Offences

Under the Road Transport Act 2013 (NSW) in New South Wales, it is illegal to drive a motor vehicle on a road if your driver's licence had been suspended, cancelled or disqualified by the court or Transport for NSW. Common offences include:

Driving while disqualified after a drink driving offence

Driving after licence disqualification due to demerit points

Driving whilst suspended by local court.

Penalties for a Driving Whilst Disqualified Offence

The penalties for the offence of driving whilst disqualified are severe, especially for repeat offenders. For a first offence, you could face fines up to or maximum penalty of $3,300 and/or up to 6 months imprisonment, plus an automatic 3-6 month licence disqualification. For second or subsequent offences, the penalties escalate to potential fines up to $5,500 and / or 12 months gaol time.

Defending Disqualified Driving Charges

While driving during the disqualification period is a major offence, there may be valid legal defence strategies available, such as:

  • Mistaken identity
  • Defence of honest and reasonable mistake of fact
  • Necessity or duress
  • Plea negotiations and persuading the court for lighter sentencing

Our disqualified driving lawyers have successfully defended countless clients charged with a driving offence. We scrutinise all evidence, explore every potential defence avenue, make an application on your behalf and fight to keep your driving record clean.

Experienced Licence Disqualification Lawyers

Whether you're a first-time offender of negligent driving or charged with driving while disqualified after a previous offence, our licence disqualification lawyers at Daoud Legal can make a significant difference if your licence is suspended.

We are adept at criminal and traffic offences such as driving without a valid licence or caught driving whilst disqualified and we will ensure to fight for your best interests.

Why Choose us?

Proven Track Record

Our disqualified driving offence lawyers have an extensive track record of success defending clients charged with driving whilst disqualified or other traffic offences. We utilise innovative strategies to achieve favourable results.

Experienced and Specialised Team

You'll receive representation from lawyers who specialise in criminal defence and traffic law. Our team has in-depth knowledge of driving offences and the Road Transport Act 2013 (NSW) and will give you world-class legal advice.

Robust Defence Approach

We leave no stone unturned, thoroughly investigating your case to identify any potential defences or mitigating factors that could reduce penalties or lead to dismissal.

Client-Focused Service

Our traffic lawyers team provides personalised attention, keeping you informed and supported throughout the legal process. Your needs are our top priority.

Commitment to Results

We are committed to pursuing the best possible outcome for your driving while disqualified case, whether that's negotiating reduced charges, avoiding conviction, or having your matter dismissed.

Get the Best Defence from Our Criminal Defence & Traffic Lawyers

Do not risk your future by defending disqualified driving charges alone. Speak to our licence disqualification lawyers about your situation today. We offer confidential consultations to review your case and outline a thorough legal defence strategy aimed at the best possible outcome.