Driving While Suspended or Disqualified

Defending Your Rights to Drive

What is Driving While Suspended Or Disqualified?

Driving while suspended/disqualified is a serious offence in New South Wales and is contained within section 54 of the Road Transport Act 2013.

What are the penalties for driving while suspended?

The penalties for driving while suspended/disqualified depend on a range of factors, including:

Whether it is your first or subsequent offence
Your traffic and criminal history
Whether there were aggravating circumstances
Whether you have any mitigating circumstances

Possible penalties include:

Fines
Licence disqualification
Community correction orders
Conditional release orders
Non-Conviction penalties
Imprisonment for more serious or repeat offences

For the specific maximum penalties see the table below.

What Is the Difference Between a Suspended and Disqualified Licence?

A suspended licence means your driving privileges have been temporarily withdrawn. This may occur for a range of reasons, including:

Accumulating too many demerit points
Immediate police suspension following certain traffic offences
Unpaid fines or enforcement action
Medical or administrative reasons

If you drive during the suspension period, you may be charged with driving while suspended.

Driving While Disqualified

A disqualification is generally imposed by a court following a serious driving offence. During the disqualification period, you are prohibited from holding or obtaining a driver’s licence.

Driving while disqualified is generally viewed as more serious than driving while suspended and often attracts heavier penalties.

Do I have to plead guilty to a charge of Driving while Suspended/Disqualified?

No, not every charge results In a finding of guilt, depending on the circumstances there may be legal issues and defences that arise in your case.

Police are required to prove every element of the offence, At Istifan defence lawyers we can review the evidence and advise whether any legal defences may be available.

Charged with an offence of Driving while Suspended or Disqualified? Contact us for a free Consultation

Our principal Lawyer Alex Istifan has secured multiple Non-Convictions across a range of Driving Matters across NSW including Driving while Suspended/Disqualified offences, meaning that the court did not disqualify, fine or convict his clients.

We understand that many clients have never been before a court and are looking for clear, practical advice throughout the process, If you are charged with a Driving while Suspended or Disqualified contact us today for a free consultation.

Penalties

First offence

Type of Offence

Fine/Imprisonment

DQ Period

1^st Offence

$3300/Max: 6 M

Automatic: 6M

Minimum: 3M

2^nd Offence

$5500/Max: 12M

Automatic: 12M

Minimum: 6M

Client testimonials

“Alex istifan was diligent and articulate as a criminal defense lawyer that I had the pleasure of working with and entrusting. His impeccable expertise and ability to speak with confidence in the courtroom. Got me the best possible outcome. Thank you for your professionalism, attention to detail and zealous advocacy on my case! I highly recommend Alex as a lawyer! He is passionate and intelligent in his work”.

“I just wanted to send you a special note of thanks for all your hard work on behalf of me and my case. I am so grateful for all your efforts.”

K.

“Highly recommend Alex Istifan as a legal representative quick to reply to emails/ Phone calls absolutely outstanding with dealing with my court case very fluent and professional to the magistrate and absolute privilege to have had him great actually an absolute fantastic outcome with my case ever so grateful.”

L.S

“I want to say the biggest of thank you’s to Alex. If there was a 10star option, he’s got my vote. Alex always kept in contact, always kept me and my family updated just a true professional in his craft, Alex used his knowledge and skills to turn a terrible situation into a miracle (literally) situation and in doing so has saved my family a ton of heartache and for that I highly suggest getting in contact with this man if you need.#teamAlex.”

K.Z

“Alex was direct and honest with me for the entirety of my case. I greatly appreciated this. He also did a very thorough job of preparing my court hearing, with even the Magistrate commenting on the excellence of his prepared submission. as a result, I was acquitted under a section 14. I am grateful beyond measure.”

Contact us today at (02) 9615 9882