Have You Been Caught Driving with a Suspended Licence?

Getting caught driving with a suspended licence can have severe consequences. The impact of such a charge can extend beyond just legal troubles, potentially leading to a licence disqualification, conviction, or even a prison sentence. This can deeply affect both your personal and family life, limiting your mobility and creating significant stress and financial strain.

While it is crucial to respect the suspension period, we understand that sometimes people find themselves driving while suspended. If you are charged with this offence, it is vital to seek professional legal assistance immediately. Faraj Defence Lawyers are expert traffic lawyers who have successfully defended many clients in similar situations. We are here to help fight for your case and strive to achieve the best possible outcome for you.

Why Choose Faraj Defence Lawyers for Your Driving While Suspended Charge?

When facing a charge for driving while suspended, choosing the right legal representation can make all the difference. At Faraj Defence Lawyers, we specialise in traffic offences, with a proven track record of successfully defending clients charged with driving while suspended. 

Our expertise in traffic law, combined with our dedicated approach, ensures that we explore every possible avenue to protect your rights and minimise the impact of your life. We tailor our defence strategies to fit your unique case and always provide 24/7 support.

What our clients say about us?

Read More Reviews

Testimonials

Jimi Filipe

...so grateful for Ahmad he helped me out and got me out of a very sticky situation, absolute gun lawyer thank you!

What Is the Offence of Driving While Suspended?

Driving while suspended is a serious traffic offence under the road transport Act 2013 (NSW). This offence occurs when an individual operates a motor vehicle on a public road while their driver’s licence is suspended. Suspension of a licence can happen for various reasons, including accumulating demerit points, unpaid fines, or a court order.
‍
Under section 54 of the Road Transport Act 2013, driving while suspended can lead to severe penalties, including fines, further licence disqualification, or even imprisonment. It is crucial to understand the legal implications and seek professional legal advice if you find yourself charged with this offence.

Who does this charge apply to?

A driver’s licence may be disqualified due to convictions for various dangerous driving offences. Common reasons to have your licence disqualified include; driving while under the influence of alcohol or drugs, negligent driving, and excessive speeding. 

These offences pose significant risks to public safety and are treated seriously by the courts. Each offence carries specific penalties including mandatory disqualification periods, to deter unsafe driving behaviours.

Common Reasons for Licence Suspensions

Understanding why your licence was suspended can help you address the underlying issue and potentially prevent further penalties. Common reasons for licence suspensions in NSW include:

• Demerit Point Accumulation: Exceeding the demerit point threshold for your licence type.
• Unpaid Fines: Failure to pay fines can result in an automatic suspension.
• Court-Imposed Suspensions: Suspensions ordered by a court for serious traffic offences, such as drink driving or dangerous driving.
• Medical Reasons: Licences can be suspended if the driver is deemed medically unfit to drive.

Demerit Points and How They Affect Your Licence

Demerit points play a significant role in licence suspensions in NSW. Each traffic offence carries a set number of demerit points, which remain on your record for three years.

Once you exceed the demerit point limit for your licence type, your licence will be suspended.

How Do I Beat a Driving While Suspended Charge?

Facing a driving while suspended charge can be overwhelming, especially if you have crucial commitments like family, work, and daily responsibilities. Losing your licence can disrupt your life significantly, making it difficult to meet these obligations.

To beat this charge, it is essential to understand your legal options and potential defences. Engaging an experienced traffic lawyer can help you navigate the complexities of the law, protect your rights, and work towards the best possible outcome. With the right legal strategy, you can minimise the impact on your life and maintain your commitments.

What must the prosecution prove?

For a driving while suspended charge, the prosecution must establish several key elements beyond a reasonable doubt. Firstly, they need to prove that you were indeed driving a motor vehicle on a public road or a road-related area. Secondly, they must show that your driver’s licence was suspended at the time of the offence.

Lastly, it must be demonstrated that you were aware of the suspension when you were driving. If the prosecution can successfully prove these elements, a conviction is likely. However, challenging any of these points can form the basis of your defence.

Possible defences to Driving with a suspended licence?

Several defences can be considered for a driving while suspended charge, some of these include: 

• Lack of awareness: You were genuinely unaware that your licence was suspended 

• Mistaken Identity: Someone else was driving the vehicle at the time of the offence, and the prosecution have mistaken you for the person driving 

• Emergency Situations: You were driving due to an emergency, such as a medical crisis and there were no other options of transportation

• Administrative Error: The suspension was due to an administrative error or incorrect processing by the authorities.

• Valid Reason for Driving: There were compelling and unavoidable reasons for driving despite the suspension. 

Each defence requires careful examination of the circumstances and evidence, making it essential to seek professional legal advice.

What Are the Penalties for Driving While Suspended?

Driving while suspended carries significant penalties under NSW law, particularly when the suspension is for reasons other than the non-payment of fines. If convicted, you could face substantial fines, further licence disqualification, and even imprisonment. The exact penalties depend on the specific circumstances of your case and whether it is a first or subsequent offence.

Where the suspension was for something other than non-payment of fines:

Where the suspension is for non-payment of fines:

How to Reinstate Your Licence After Suspension

Once your suspension period ends, it’s essential to follow the correct steps to reinstate your licence.

Steps to Reinstate Your Licence:

1. Pay Any Outstanding Fines: Ensure that all fines are paid to remove any holds on your licence.
2. Complete the Suspension Period: You cannot drive until your suspension period is officially over.
3. Apply for Licence Reinstatement: Visit a Service NSW centre or apply online to have your licence reinstated.

Failing to reinstate your licence before driving can result in further penalties.

How Can Faraj Defence Lawyers help?

Faraj Defence Lawyers can provide expert legal advice and representation to help you navigate your driving while suspended charge. When defending against this offence, you have two primary options: plead guilty or not guilty. We will discuss the specifics of your case, explain the potential consequences of each option, and develop a tailoured defence strategy. 

Assisting you if you decide to plead not guilty

If you decide to plead not guilty to a driving while suspended charge, Faraj Defence Lawyers will help you build a solid defence strategy. Our experienced team will meticulously review all evidence, identifying any inconsistencies or weaknesses in the prosecution’s case. We will represent you in court, presenting a strong and persuasive argument on your behalf. 

Our goal is to dismantle the prosecution’s case by challenging the validity of their evidence and questioning the reliability of their witnesses. By leveraging our extensive knowledge of traffic law, we aim to secure the best possible outcome for you.

Assisting you if you decide to plead guilty

If you decide to plead guilty to a driving while suspended charge, Faraj Defence Lawyers will work diligently to achieve the most favourable outcome possible. We will guide you through every step of the process, including gathering character references and drafting apology letters to present to the court. Our team will negotiate with the prosecution to seek leniency and minimise penalties. We will also recommend participation in a traffic offenders’ program, which can demonstrate your commitment to rehabilitation. 

Pleading guilty early in the process can result in a 25% discount on your sentence, so prompt action is advantageous. Our comprehensive approach ensures that all necessary measures are taken to present your case in the best light, helping to mitigate the impact of your sentence.

Book a Free Consultation with Our Expert Traffic Lawyers Today

If you are charged with driving while suspended, seeking legal representation is crucial. The consequences of a conviction can be severe, including significant fines, further licence disqualification, and even imprisonment. 

Faraj Defence Lawyers can make a difference by providing expert legal advice and a robust defence strategy tailoured to our case. Call us now at (02) 8896 6034 to book an free initial appointment.