Driving while your licence is suspended is a criminal offence under NSW law and is treated seriously by the courts. Even a first offence can result in significant penalties, including fines, further disqualification, and, in some cases, imprisonment. The consequences can become more severe if you have prior traffic offences or repeat breaches. Understanding the risks and your legal options is essential if you have been charged. This article explains the penalties for driving while suspended in NSW, what happens at court, how outcomes differ for first-time and repeat offenders, and how early legal advice can help protect your position

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What Happens If You’re Caught Driving While Suspended?

If you are caught driving while your licence is suspended, police will usually pull you over, confirm your licence status, and formally charge you with the offence. Depending on the circumstances, police may also seize your vehicle or number plates on the spot. This is a preventative measure and does not require a court conviction first.

In most cases, you will be issued with a Court Attendance Notice, which sets out the charge and the date you must appear before the Local Court. This means the matter will be decided by a magistrate. Importantly, you must not drive again until your existing suspension has ended and any court-imposed disqualification has been dealt with. If the court imposes a further disqualification, this will usually start after your current suspension finishes, extending the time you are off the road.

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Is Driving While Suspended a Criminal Offence?

Yes. Driving while your licence is suspended is a criminal offence under section 54 of the Road Transport Act 2013 (NSW). This means the matter is dealt with in court and, if you are convicted, it can result in a criminal record in addition to fines and further disqualification from driving.

However, a conviction is not automatic in every case. Depending on the circumstances, the court may deal with the offence without recording a conviction, such as through a Section 10 dismissal or conditional release order. Legal advice can help determine whether these outcomes may be available to you.

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Penalties for Driving While Suspended in NSW

First-Time Offenders

For a first offence of driving while suspended, the maximum penalty is a $3,300 fine and/or up to 6 months imprisonment. In practice, the outcome will depend on the circumstances of the offence and your personal situation.

Courts commonly impose a conviction and a further period of licence disqualification, but in some cases, a Section 10 dismissal or conditional release order without conviction is available. The magistrate has discretion and will consider factors such as your driving history, the reason you were driving, the level of hardship involved, and whether you show genuine remorse and insight into the offence.

Repeat Offenders

Penalties increase significantly for repeat offences. If you are convicted of driving while suspended again, particularly within five years of a previous offence, the maximum penalty rises to a $5,500 fine and/or up to 12 months imprisonment. Courts take a much stricter approach to repeat offending, viewing it as a disregard for prior penalties and court orders. There is a greater risk of imprisonment, even for relatively short periods, and longer licence disqualification orders are common. Repeat offenders should seek legal advice early, as outcomes can be far more serious.

How Courts Decide Penalties

When determining the penalty for driving while suspended, a magistrate will consider the specific circumstances of the offence as well as your personal situation. One key factor is why you were driving, for example, whether it involved a genuine emergency or was routine travel that could have been avoided. The court will also examine your driving history, including prior traffic offences or suspensions, and whether you knew your licence was suspended at the time.

Magistrates may also consider your overall conduct, including whether you were otherwise complying with the law and cooperating with police. These factors help the court assess both the seriousness of the offence and your level of responsibility.

Providing mitigating evidence can make a meaningful difference. This may include character references, proof of employment needs, evidence of hardship, rehabilitative steps you have taken, and/or a letter of apology. Careful preparation can help present your case in the strongest possible way.

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What If You Didn’t Know You Were Suspended?

Not knowing your licence was suspended may be relevant, but it does not automatically mean the charge will be dismissed. Courts generally expect drivers to take reasonable steps to be aware of their licence status, including checking notices sent by Transport for NSW.

However, in some situations, such as improper service of a suspension notice, administrative errors, or incorrect records, your lack of knowledge may carry greater legal weight. Each case depends on the specific facts and available evidence.

Because these situations can be complex, obtaining legal advice is important. A lawyer can assess whether notice was properly given and whether any defence or argument may be available in your circumstances.

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Why You Need Legal Advice for Driving While Suspended

Driving while suspended is treated seriously by NSW courts, even for first-time offenders. The consequences can include a criminal record, further disqualification, substantial fines, and, in some cases, imprisonment. Since the potential penalties can significantly affect your work, family responsibilities, and ability to drive long-term, it is important to approach the matter carefully.

An experienced traffic lawyer can help assess the strength of the prosecution’s case, identify any legal issues, and present persuasive material to the court to reduce penalties or seek an outcome without conviction, where available. Legal representation also ensures your personal circumstances, hardship, and remorse are properly explained.

Faraj Defence Lawyers have extensive experience representing clients in licence suspension and traffic offence matters across NSW. Early legal advice can make a meaningful difference to the outcome of your case.

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Need Help With a Driving While Suspended Charge?

If you have been charged with driving while suspended, it is important to know that early legal intervention can make a real difference. The sooner you obtain advice, the more time there is to prepare your case, gather supporting material, and explore options to reduce penalties or avoid a conviction where possible.

Faraj Defence Lawyers provide clear, practical advice and strong representation in traffic matters across NSW. Whether your case is straightforward or complex, our defence lawyers can guide you through the process and help you understand the best way forward. If you need urgent advice or have a court date approaching, contact our team today.

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FAQs About Driving While Suspended in NSW

Will I get a criminal record for driving while suspended?

Usually, yes, if you are convicted. However, in some cases, the court may deal with the offence without recording a conviction, such as through a Section 10 or conditional release order.

Can I avoid losing my licence again?

Possibly. The court often imposes further disqualification, but the length can sometimes be reduced depending on your circumstances and the strength of your case.

Is jail likely for a first-time offence?

Imprisonment is possible but not common for first-time offenders. Courts are more likely to impose a fine or disqualification, unless the circumstances are particularly serious.

What if I didn’t know my licence was suspended?

That may be relevant. However, it is not a defence. Courts expect drivers to be aware of their licence status, though improper notice or administrative errors may be considered.

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