What is drive cancelled?
Driving whilst your license has been cancelled is a serious offence, that usually occurs in circumstances where people have not re-applied to TFNSW for a new license after having served a period of disqualification. (See defence of ‘honest and reasonable mistake of fact’.)
While a person whose licence has been suspended can resume driving once their period of suspension ends; a person whose license has been disqualified must reapply for a new license.
Offenders can face heavy penalties (including gaol) especially where an offence is aggravated. Examples of aggravating circumstances include repeat offending, passengers in the vehicle, driving erratically etc.
A conviction will result in the court adding a further licence disqualification. You must reapply for a new license, if you choose to drive after a further disqualification period for driving.
What happens after I am caught driving cancelled?
Police will issue you with a Court Attendance Notice, requiring you to attend court on the date specified on the notice.
What are my options?
Plead guilty
A conviction will be recorded in a criminal and traffic history. However, a conviction may be avoided by making an application for a s 10 dismissal, which is a non-conviction order.
In such an application, the court will take into account your personal circumstances.
Plead not guilty
The following defences are available:
- You were not driving.
- The prosecution bears the onus of proving the identity of the driver.
- You were not driving at the time that the offence was alleged to have taken place.
- The Prosecution must persuade the court that the car was in motion, where you are found to be in the driver’s seat.
- An honest and reasonable mistaken belief was held that you were entitled to drive.
- The Prosecution must convince the Court that:
- the belief was not an honest one (first limb requirement)
- the belief was not reasonably held (second limb requirement)
- The second limb is the most difficult hurdle to overcome.
What penalties or outcomes are available?
s 10 dismissal
- No fine is incurred.
- No loss of points.
- No disqualification period / suspension is lifted.
- No conviction.
Conviction (first offence)
- An automatic license disqualification of 6 months
- A minimum license disqualification of 3 months
- An unlimited maximum licence disqualification
- A maximum court fine of $3,300.
- A maximum gaol term of 6 months
Conviction (second or subsequent offence within 5 years)
- An automatic license disqualification of 12 months
- A minimum license disqualification of 6 months
- An unlimited maximum licence disqualification
- A maximum court fine of $5,500.
- A maximum gaol term of 12 months
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