Driving Whilst Suspended or Disqualified Offences

Driving whilst suspended or disqualified occurs when a driver operates a vehicle despite having their licence suspended or disqualified.

What Must the Prosecution Prove?

The Prosecution must prove:

1. That you drove a vehicle on a public road; and
2. At the time you drove the vehicle, your licence was suspended, cancelled, or you were disqualified from driving.
   
   

What are the Penalties?

If your licence was suspended or cancelled due to a fine default, the maximum penalty is 3 months disqualification, which can be reduced to 1 month by the Court and a fine of $3,300 if it is your first offence. If it is your second or subsequent offence, the penalties increase to 12 months disqualification, which may be reduced to 3 months, a fine of $5,500 and/or 6 months imprisonment.

If your licence was otherwise suspended, cancelled, or disqualified, the maximum penalty is 6 months disqualification, which may be reduced to 3 months, a fine of $5,500 and/or 6 months imprisonment for your first offence. If it is your second or subsequent offence, the penalties increase to 12 months disqualification, which may be reduced to 6 months, a fine of $5,500 and/or 12 months imprisonment.

What are the Defences?

The following are the legal defences for driving whilst suspended and disqualified in NSW:

• Honest and reasonable mistake of fact: The accused honestly and reasonably believed that they were not suspended or disqualified from driving. This may be the case if the accused was not notified of their suspension or disqualification, or if they had a reasonable belief that the suspension or disqualification had expired.
• Necessity: The accused was driving for a necessary purpose, such as to avoid a greater harm or to seek emergency medical assistance.
• Duress: The accused was forced to drive whilst suspended or disqualified by the threat of immediate and serious harm to themselves or another person.
  
  

It is important to note that the burden of proof lies with the Prosecution to prove that the accused is guilty of the offence beyond a reasonable doubt. If the accused raises a defence that casts a reasonable doubt on their guilt, then the accused must be acquitted.

Here are some examples of how the defences above may be used in a case involving a charge of driving whilst suspended and disqualified in NSW:

• Honest and reasonable mistake of fact: A driver is pulled over by the police and told that their licence is suspended. The driver is surprised and protests that they were not aware of their suspension. The driver may be able to argue that they made an honest and reasonable mistake of fact.
• Necessity: A driver is driving home from work when they see a person lying on the road who appears to be injured. The driver stops and provides assistance to the injured person. The driver may be able to argue that they were driving for a necessary purpose.
• Duress: A driver is forced to drive whilst disqualified by their partner who is threatening to harm their child if they do not drive. The driver may be able to argue that they were acting under duress.
  
  

If you have been charged with driving whilst suspended and disqualified in NSW, it is important to seek legal advice from an experienced criminal defence lawyer. Our team at Jackson John Defence Lawyers can help you to understand your legal rights and options, and to build a strong defence on your behalf.

Alternatively, if you accept responsibility for the offending, the team at Jackson John Defence Lawyers can assist you in presenting a strong case in mitigation. Often, a combination of cogent subjective material and robust submissions made on your behalf by one of our experienced traffic lawyers will result in a non-conviction order such as a section 10 bond. In this case, no demerit points will accrue, and no disqualification will be ordered. This is why obtaining legal advice about your specific situation is critical.

Why Jackson John?

The team at Jackson John Defence Lawyers are highly experienced and skilled traffic lawyers. Contact us today to arrange a 15-minute free initial consultation.