These offences are outlined in section 54 of the Road Transport Act 2013, as follows:
Section 54(1)(a) = driving whilst disqualified,
Section 54(3)(a) = driving whilst suspended, and
Section 54(4)(a) = driving whilst licenced cancelled.
What the prosecution needs to prove
The prosecution will need to prove beyond a reasonable doubt that:
You drove a motor vehicle on a road,
You did so during the period of disqualification, or where your licence was cancelled or disqualified.
Driving whilst disqualified occurs where you drive after a court has disqualified your licence (i.e., after you have been sentenced at court for a traffic offence).
Driving whilst suspended occurs where you drive after having your licence is suspended. Your licence may be suspended due to exceeding the demerit points limit by Transport for NSW or by police due to a traffic offence.
Driving whilst cancelled occurs where you drive after having your licence cancelled by Transport for NSW, which may occur due to numerous reasons including medical grounds, traffic offences, or where your licence has been expired for over two years.
Defences
Mistaken identity
Honest and reasonable mistake of fact (you honestly didn’t know your licence was suspended/cancelled/disqualified and it was reasonable for you in the circumstances to have held that belief)
Duress or necessity
Process
IF PLEADING NOT GUILTY
Your lawyer will take your instructions and give you advice as to the prospects of success in your matter.
Your lawyer will enter a plea of not guilty on your behalf and review the evidence police intend to use against you.
Your lawyer will prepare your defence and argue it in court on your behalf, ultimately asking the court to find you ‘not guilty’.
IF PLEADING GUILTY
Your lawyer will take instructions from you as to why you were driving a vehicle.
Your lawyer will take instructions from you as to your personal circumstances and need for a licence/need to not be convicted.
Your lawyer will assist you in preparing your apology and character reference letters.
Your lawyer will make arguments on your behalf in court, ultimately asking the court to not convict you if the circumstances permit.
Penalties
A first offence of drive whilst licence disqualified/suspended/cancelled carries a maximum penalty of a $3,300 fine and/or 6 months imprisonment.
An automatic licence disqualification of 6 months is applicable, which can be lowered to a minimum of 3 months, if the court finds that this is suitable.
If it is a second or subsequent offence, the maximum penalty applicable rises to a $5,500 and/or 12 months imprisonment.
An automatic licence disqualification of 12 months is applicable, which can be lowered to a minimum of 6 months, if the court finds that this is suitable.
Apart from the penalties above, the court can also issue one of the following penalties based on your circumstances:
S10(1)(a) dismissal
Conditional release order without conviction
Conditional release order with conviction
Fine
Community corrections order
Intensive corrections order
Full-time imprisonment
If you receive a non-conviction penalty, you will not have a conviction recorded against your name and will not be subject to any fines or disqualification periods. Your lawyer can assist you in preparing your case to put yourself in the best possible position to receive a non-conviction penalty.
