What is drive disqualified?
Driving whilst disqualified is a serious charge, particularly as it involves disobeying a court order. 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 to the one currently served. The new license disqualification will either commence when the current disqualification period has concluded, or from the date of court proceedings so that part of new disqualification is served concurrently with the old disqualification.
You must reapply for a new license, if you choose to drive after your disqualification period.
What happens after I am caught driving disqualified?
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 your 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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