Where you are found to be driving whilst suspended or disqualified, you will be charged pursuant to section 54 of the Road Transport Act 2013.

The maximum penalty for this offence is 6 months imprisonment and/or up to a $3,300 fine.

This does not mean you will receive jail, and is reserved only for the most serious of offences.

In order to be found guilty of this offence, the prosecution must prove the following beyond reasonable doubt:

1. You drove a motor vehicle;

2. At the time, your licence was either suspended, disqualified or cancelled. 

Defences

1. Mistaken identity – it was not you driving;

2. Your licence was not suspended, disqualified or cancelled (it was a mistake);

3. Honest and reasonable mistake – you honestly didn’t know your licence was suspended or disqualified and it was reasonable for you to have held that belief (ie the main from Service NSW did not reach your address or you do not have access to the mobile app).

4. Duress of necessity 

Traffic Offenders Program

We recommend engaging in an approved Traffic Offenders Program in circumstances where you are pleading guilty. 

By engaging in an accredited program, this will significantly improve your chances at avoiding time off the road. Our expert criminal lawyers can guide you on the right course to maximise your chances at the best possible outcome.

25% Utilitarian Discount  

You will receive a mandatory 25% discount on sentence in circumstances where you plead guilty at the earliest opportunity.

Feel free to contact our team to arrange a free consultation to discuss how to maximise your chances at avoiding a disqualification and conviction.