The charges of drive while licence disqualified, drive while licence suspended, and drive while licence cancelled are detailed within section 54 (1), (3), and (4) of the Road Transport Act 2013 respectively.
The Act states that a person whose drivers licence is disqualified, suspended, or cancelled must not drive a motor vehicle on a road or road-related area.
The maximum penalties you could possibly receive for these offences are:
- For the first offence: $3,300 fine and/or 6 months imprisonment
- For the second/subsequent offence(s): $5,500 and/or 12 months imprisonment
What needs to be proven in court?
These offences are known as strict liability offences, which means that the state of mind of the person, including any intent, does not have a bearing on proving the offence happened. For these offences to be proven in court, the Prosecution must prove, beyond a reasonable doubt, that:
- The person drove a motor vehicle on a road or road related area, and
- The person’s licence was disqualified / suspended / cancelled at the time of offending
What are my options?
If the above elements can be proven in court, we can advocate on your behalf in gaining leniency on your sentence, through use of compelling oral and written submissions around your character, criminal history, need for a licence, and the surrounding circumstances at the time of the offending behaviour among others. We have a high success rate in gaining sizeable reductions in sentence for our clients.
The only possible defence to this charge is the ‘Honest and Reasonable Mistake of Fact’ defence, where it must be proven that the person was honestly not aware their licence was suspended/disqualified/cancelled, and that a reasonable person in their position would not be aware that their licence was suspended/disqualified/cancelled. We have raised this defence numerous times on behalf of our clients.
Being a self-represented litigant at court significantly reduces your chance of success. Brady and Associates Lawyers have 30 years of experience in the criminal law system, and we can get you the best result possible. Contact us today by emailing admin@bradylegal.com.au or calling us on 9545 3273.
Author: Chris Breen
