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Under Section 30 of the Road Safety Act 1986, it is an offense to drive a motor vehicle on a highway while your driving authorisation (license) is either suspended or you are disqualified from obtaining one.
This suspension or disqualification could be imposed by a court, or as required by the Road Safety Act or the Sentencing Act 1991. If found guilty of driving while disqualified or suspended, a person faces severe penalties, including up to 240 penalty units or imprisonment for up to 2 years.
An exception exists for those undergoing a driving assessment or driving under official instruction as outlined in the regulations, where this offense does not apply. This law reflects the serious nature of driving while disqualified, highlighting the importance of adhering to license conditions to avoid strict legal consequences.
The prosecution must show that:
If convicted of Driving While Suspended or Disqualified, the maximum penalty is either a fine of up to 240 penalty units or imprisonment for up to 2 years.
Additionally, depending on your driving history, police may apply to have your vehicle impounded or permanently forfeited.
While there is no mandatory period of further license suspension for this offense, magistrates have the discretion to impose an additional suspension. It is common for those convicted to face a further license disqualification of 3 to 6 months.
At MK Law, our traffic lawyers specialise in advocating for minimal license suspension periods, helping clients avoid or reduce additional time off the road.
If the police have applied to impound or forfeit your vehicle, we can assist in challenging these applications to help you retain your vehicle.
Driving While Suspended or Disqualified cases will be heard will be heard in the Magistrates Court.
Do you have any previous convictions of a similar nature?
A history of similar offenses or traffic violations may impact the severity of the penalty, including whether the court considers further license disqualification or vehicle forfeiture.
If you drove under urgent circumstances, such as a medical emergency, this context could potentially reduce the penalty or influence the court’s view.
If you were unaware of the suspension or disqualification due to improper notification, this could be a relevant factor in your defence.
If a significant period has passed since the initial disqualification or suspension, the court might consider this favourably, especially if you’ve demonstrated responsible behaviour.
If losing your license would significantly impact your employment or personal life (such as caregiving responsibilities), this could be presented as a factor for leniency.
If you did not receive proper notice of your suspension or disqualification, you might argue that you were unaware of the restriction.
Driving due to a sudden and urgent need (e.g., a medical emergency) can sometimes serve as a partial or mitigating defence.
If you were driving as part of an authorised driving assessment or instruction under the regulations, this could be a complete defence under Section 30(2).
Each of these factors and defences requires a strong presentation of evidence, and consulting an experienced traffic lawyer can help ensure that all relevant aspects of your case are effectively argued.
An expert at MK Law will tailor a defence strategy to suit your specific circumstances.
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At MK Law, we understand the serious consequences of being charged with driving while disqualified, particularly the risk of further license loss. Losing your driver’s license can have a profound impact on your ability to support your family, engage in social activities, and earn a living.
In this context, it’s important to consider the true cost of losing your license for an extended period—it could far exceed the cost of retaining competent legal representation. When you engage our services, we take a comprehensive approach, considering all relevant aspects of your case, including why you were on the road, your personal circumstances, and any other factors that could work in your favour.
Driving offenses are treated seriously by both the police and the courts. MK Law has extensive experience in handling these cases, and we regularly appear in court to represent clients charged with traffic offenses.
Do not delay, contact MK Law today on 1800 130 120.
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