What is Driving whilst Unlicensed/Suspended/Disqualified ?

Driving whilst without a licence, or whilst your licence is cancelled, suspended or disqualified is a serious offence for which there are significant penalties and periods of disqualification from driving. See section 53(1), section 53(3); or section 54 of the Road Transport Act 2013 NSW

The Law
Driving whilst disqualified
Driving whilst disqualified is an offence under section 54(1) of the Road Transport Act 2013 (NSW).

The offence of driving whilst disqualified covers:

those who drive a motor vehicle on a road or road related area whilst their licence is disqualified, and

those who make an application for a driver’s licence whilst their licence is disqualification and state their name falsely or fail to mention that their licence is disqualified

Driving whilst cancelled,

Driving whilst cancelled is an offence under section 54(4) of the Road Transport Act 2013 (NSW). However, if your licence was cancelled due to non-payment of fines, you will be charged under section 54(5)(b) of the Road Transport Act 2013 (NSW).

The offence of driving whilst cancelled covers:

“those who drive a motor vehicle on a road or road related area whilst their licence is cancelled, and

those who make an application for a driver’s licence whilst their licence is cancelled and state their name falsely or fail to mention that their licence is cancelled.

Driving whilst suspended

Driving whilst suspended is an offence under section 54(3) of the Road Transport Act 2013 (NSW). However, if your licence was suspended due to non-payment of fines, you will be charged under section 54(5)(a) of the Road Transport Act 2013 (NSW).

The offence of driving whilst suspended covers:

those who drive a motor vehicle on a road or road related area whilst their licence is suspended, and

those who make an application for a driver’s licence whilst their licence is suspended and state their name falsely or fail to mention that their licence is suspended.

Driving whilst Never licensed

The offence under section 53(3) Road Transport Act 2013 (NSW) states that a person has never been licensed in connection with an offence if the person has not held a driver licence of any kind in Australia for the period of at least 5 years immediately before the commission of the offence.
Driving with a cancelled or suspended licence under the Fines Act 1996 (NSW)
If you were driving with a suspended or cancelled licence under the fines act of 1996, the potential periods of disqualification are different for the first offence. Rather than a 12-month minimum disqualification, the minimum disqualification is only three months.”

If you are charged with A DRIVING Offence what are your options?

National Criminal Lawyers have been successful in defending a number of Driving charges where the prosecution could not establish each of the elements of the offence. We have also achieved a number of non-convictions for Driving charges.

NCL offer the following options for those who have been charged with a licence offence

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any driving offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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