Driving With a Suspended or Disqualified License

Posted on July 18th, 2019 by admin Male driver pulled over

Have you recently had your licence suspended?

You might be thinking that the chances of getting caught driving with a suspended licence is slim. And that the ramifications won’t be that bad.

Or maybe you’ve already been caught driving with a suspended licence and want to know what can happen.

What is driving with a suspended licence?

There are a number of incidents that may lead to a suspended licence. These include:

  • Driving under the influence of alcohol or drugs
  • Accumulating too many demerit points (over 3 years, 12 is the limit)
  • Committing serious traffic offences
  • By being ordered by the court

If you’ve been suspended for driving and you’re caught driving while suspended, the penalties can get quite severe.

The penalties of being caught driving while suspended

In some cases, you can even be sentenced for up to 6-months in prison. The extent to which you are penalised will be decided in your court hearing. But if it was your first time driving while suspended, there’s a good chance that you will not get a prison sentence. During your court hearing, the magistrate will take into account your criminal history, the seriousness of the offence you just committed, and everything else going on in your life at that very moment.

After this, you will receive your sentence.

If it’s your first time, you will be given a fine of up to 30 penalty units. One penalty unit is currently $165.22, from 1 July 2019 to 30 June 2020. On top of this, there is a maximum prison sentence of 4 months for first time offenders. For repeat offenders, the fine can be up to 240 penalty units and 2 years imprisonment.

Is there any way out of it?

In some cases you could have a defence that can remove your sentence or decrease it. For example, you might have genuinely not known your licence was suspended. If you can prove this in court, you may have to only serve your prior suspension. There are more situations where you might be able to lessen your sentence or remove it completely. However, it’s impossible without knowing the exact situation you are currently in.

Have you been caught driving while suspended or disqualified? Get in touch with our lawyers for professional assistance.

Phone us on 1300 333 669 or send an email to team@dddaustralia.com.au