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Caught Driving without a license in NSW?
Driving without a licence in NSW can have severe consequences, impacting your life significantly. It is crucial to adhere to traffic laws and refrain from driving if you are not permitted to do so. However, if you find yourself in this situation, seeking legal representation is imperative.
At Faraj Defence Lawyers, we specialise in handling cases like this, ensuring that you receive the expert legal support you require. Our experienced traffic lawyers have dealt with numerous instances of these charges and provide professional advice in each circumstance.
Why Choose Faraj Defence Lawyers for your Driving While Unlicensed charge?
At Faraj Defence Lawyers, we understand the complexities and severity of driving while unlicensed charges. Our dedicated team specialises in navigating the legal intricacies of these cases, offering personalised support and defence.
With a proven track record of success, we have the expertise and experience to vigorously advocate for your rights and strive for the best possible outcome.
01
Free initial consultation
We understand the importance of an initial assessment, which is why we offer free consultations to discuss the specifics of your case.
02
Expert Defence Strategies
We craft meticulous defence strategies aimed at securing favourable outcomes, including aiming and securing Section 10 dismissals & non-convictions.
03
Unwavering Support and Guidance
Unwavering support and guidance from the beginning to the resolution of your case, ensuring you are informed and empowered throughout.
04
Negotiation Expertise
Our extensive knowledge on dealing with the prosecution has allowed us to develop expert negotiation strategies that will tip the scales in our favour.
05
Direct Access to Senior Criminal Lawyer
Direct access to a senior criminal lawyer who will oversee your case. Ensuring your matter is handled with the utmost expertise and attention it deserves.
06
Fixed Fees and Transparent Pricing
We believe in transparency. Our firm operates on fixed fees, providing clarity on costs from the outset. Eliminating any unexpected financial burdens.
Penalties
Being unlicenced refers to operating motor vehicle without the proper authorisation from the relevant licencing authority. This includes situations such as:
Driving without a valid driver’s licence
Driving with an expired licence
Driving while disqualified
Essentially, if you lack the legal permission or qualification to operate a vehicle on public roads, you are considered unlicenced.
How do I beat a Driving While Unlicensed Charge?
When facing a driving while unlicenced charge is it pivotal to protect your driving privileges and avoid severe penalties. In these charges, the prosecutions bear the burden of proving your guilt beyond a reasonable doubt. Understanding this critical aspect of the legal process is essential. Through examining the evidence and identifying potential defences we can assist you in mounting a strong defence to increase your chance of achieving a favourable outcome.
What must the prosecution prove?
The prosecution is required to prove, beyond reasonable doubt, that:
You drove a motor vehicle on a road; and
You were not licenced to drive at the time or have never been licenced.
Section 53(1) addresses driving a motor vehicle on any road without being licensed for that purpose, whereas section 53(3) addresses persons driving whom have never been licensed.
The Act provides that a person will be considered to have never been licensed, in connection with this offence, where they have not held a driver licence (or equivalent) of any kind in Australia for the period of at least 5 years immediately before the commission of the offence.
Possible defences to Driving without license?
The possible defences to being charged with Driving while unlicensed are:
Being exempt from this offence (i.e., visiting NSW and holding a foreign driver’s licence)
Honest and reasonable mistake of fact (you honestly and reasonably thought that your licence wasn’t disqualified/suspended/cancelled)
Duress (i.e., you were threatened into driving)
Necessity (i.e., you had to drive to avoid a serious risk of injury or death)
What are the penalties for Driving without a license?
If you plead guilty to this offence, you will then be subject to penalties from the court.
The maximum penalty of section 53(1) is a fine of $2,200.
There are circumstances in which a penalty infringement notice (fine) may instead be issued, including where your licence has been expired for 2 years or more ($723) and where you have resided in New South Wales for 3 months but not obtained an NSW driver’s licence ($603).
Section 53(3) (‘never been licenced’) carries a maximum penalty of a $2,200 for a first offence, or a $3,300 and/or 6 months imprisonment in the case of a second or subsequent offence.
A second or subsequent offence of driver never licenced carries a default disqualification period of 12 months, which may be lowered to a minimum period of 3 months.
Summary table of penalties
Penalties
First Offence
Second Offence
Maximum Court-imposed fine
$3,300.00
$5,500.00
Maximum Prison Team
6 months
12 months
Maximum Disqualification
3 months
6 months
Default Disqualification Period
6 months
12 months
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
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.
Does penalties for driving unlicensed and driving while suspended/disqualified overlap?
Yes, there is potential for penalties to overlap if found guilty of driving unlicenced while your licence is suspended or disqualified. In such cases, the consequences may compound, resulting in additional fines, extended periods of licence suspension, or even imprisonment. The severity of the penalties can vary depending on factors such as jurisdiction, the circumstances of the offence and any prior convictions. Therefore, it is crucial to obtain legal advice to understand the full implications and strategies defence against the charges.
How can Faraj Defence Lawyers help?
Faraj Defence Lawyers offers expert legal guidance to individuals facing charges of driving unlicensed. We provide comprehensive support to help you navigate your options effectively. Whether you choose to plead guilty or not guilty, our experienced team will develop a tailored defence strategy to protect your rights and achieve the best possible outcome.
We prioritise your needs and strive to ensure effective representation throughout the entire legal process, offering personalised attention and diligent advocacy in every step of your case.
Assisting you if you decide to plead not guilty
Choosing to plea not guilty of this charge requires a strong defence strategy. Faraj defence Lawyers specialise in constructing solid defence strategies for your case, reviewing evidence and representing you in court. Our experienced legal team will advocate vigorously on your behalf, leveraging our knowledge of the law and courtroom expertise to challenge the prosecution’s case.
Our team will carefully analyse every aspect of your case, striving to present compelling arguments to secure the best possible outcome for you. With personalised attention and dedication, we ensure you are supported throughout the legal process.
Assisting you if you decide to plead guilty
Pleading guilty requires strategic guidance, a service Faraj Defence Lawyers excels in providing. We can assist in minimising your sentence with character references, sincere apology letters, and negotiating with the prosecution to secure favourable terms. Our team ensures thorough preparations for sentencing, including enrollment in traffic offender’s programs where this is beneficial.
Additionally, an early plea of guilty may yield up to a 25% discount on your sentence. With Faraj Defence Lawyers, you will be supported throughout your entire matter, aiming not just for mitigations but for a path toward rehabilitation and a positive resolution amidst the complexities of your case.
Book a free consultation with our Expert Traffic Lawyers today
Seeking legal representation when being charged with drivng unlicensed is crucial in ensuring you receive the best possible outcome for your circumstance. Our team understands the seriousness of such charges and the potential consequences they entail.
Our team is here to provide you with expert legal advice to help you navigate these legal complexities confidently. If you have been charged call us today at (02) 8896 6034, email legal@farajdefencelawyers.com.au or visit our Parramatta Office.
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Why Choose Us
Free Consultation
Expert Defence Strategies
Unwavering Support and Guidance
Negotiation Expertise
Direct Access to Senior Criminal Lawyer
Fixed fees and transparent pricing
Testimonials
...so grateful for Ahmad he helped me out and got me out of a very sticky situation, absolute gun lawyer thank you!
Meet Our Team
Ahmad Faraj
Mr. Ahmad Faraj is a senior criminal lawyer and the principal of Faraj Defence Lawyer. Ahmad is a highly accomplished lawyer in New South Wales, specialising in both criminal and traffic law matters.
Learn MoreChanel Joseph
As a paralegal at Faraj Defence Lawyer, Chanel specializes in assisting with criminal and traffic law matters, working closely with both criminal lawyers and our clients to help receive the best results.
Learn MoreFrequently Asked Questions
Can I appeal a penalty infringement notice received for Driving While unlicensed?
If charged with unlicenced driving, you may receive a penalty notice detailing the fine owed and the demerit points incurred, depending on the offence’s specifics and your current licence status.
Paying the fine on the notice acknowledges the offence by does not result in a criminal conviction.
If you believe the penalty notice is incorrect it is possible to request a review of the penalty or go to court and appeal the notice. However, the success of your appeal will depend on various factors, including the circumstances surrounding the offence and the evidence you may have to support your case.
Under section 53(3), you will not receive a penalty notice if this is your second offence for driving unlicenced.
Will I lose my license if I am caught driving without a license?
In NSW, driving without a licence is a serious offence which can result In numerous offences. The consequences will depend on various factors, including if this is your first offence, whether you have been previously convicted for the offence, and other surrounding circumstances.
For a first offence of driving unlicenced, you may face fines and the possibility of having your licence disqualified for a period determined by the court. The length of the disqualification can vary depending on the severity of the offence and any aggravating factors.
For subsequent offences or if you have a history of driving without a licence, the penalties will be more severe, including longer disqualification periods, higher fines and even imprisonment in more serious cases.
The table below outlines the possible consequences:
Penalties
First Offence
Subsequent Offence
Penalty notice fine
$890.00
N/A
Maximum Court - Imposed Fine
$2,200.00
$3,300.00
Maximum term of imprisonment
N/A
6 months
Automatic Disqualification
N/A
12 months
Minimum Disqualification
N/A
3 months
Will the offence of Driving without a license show up on my criminal record?
The offence of driving without a licence typically does not result in a criminal record unless there are aggravating circumstances or repeated offences involves. In NSW driving without a licence is generally considered a traffic offence rather than a criminal offence,
If convicted for this offence, it will remain on your criminal record and traffic record. If you have commuted a previous major traffic offence in the last 5 years, this offence will be treated as a subsequent offence and the penalties will be more severe.
Does driving with an expired license mean I am unlicensed?
Driving with an expired licence does not necessarily mean you are unlicensed, but it does mean you are driving without a valid licence. In NSW, operating a vehicle with an expired licence is considered a violation of traffic laws.
What is the court process for driving while unlicensed?
The court process for driving while unlicenced in NSW typically involves the following:
Issuance of penalty notice: Initially, if caught driving while unlicenced, you may receive a penalty notice (fine) on the spot from the police officer. This notice outlines the offence and specifies the fine to be paid.
Options to respond to issuance of penalty notice: Upon receiving the penalty notice, you have several options
Pay the fine: If you choose to pay the fine, you admit guilt and the matter is resolved without going to court. However, this also means you accept the demerit points and potential consequences on your licence
Request a review: If you believe the penalty is incorrect or unjustified, you can request a review of the fine
Appeal the notice: If you decide to appeal the notice, you will need to appear in court on a specified date. During the court hearing, your case and evidence will be presented
Legal Representation: If you decide to appeal the notice, it is advisable you seek legal advice and representation. This will help you understand your rights, assess the case and appear on your behalf at court proceedings.
Court Decisions: The magistrate or judge will hear arguments from both sides and consider the evidence presented before making a judgement. If found guilty, the court will impose penalties, which may include fines, demerit points and potentially a period of licence disqualification.
Appeal Process: If you disagree with the court’s decision, you may have the option to appeal the verdict. The appeal process typically involves submitting the application to a higher court and presenting grounds for appeal/
What is the court process for driving while unlicensed?
If you are caught driving while suspended, you may also face charges for driving unlicenced in addition to the suspension-related charges. Driving while suspending involves operating a vehicle while your driving penalties have been temporarily revoked or suspended by licencing authority. In several cases, driving while suspended is considered a more serious offence than driving unlicenced as it involves violating a specific restriction or penalty imposed on your licence. However, both offences involve operating a vehicle without the appropriate authorisation from the licensing authority.
