What is drive suspended?
Driving whilst suspended is a serious charge, particularly if you have offended on more than one occasion. Offenders can face heavy penalties (including gaol) especially where an offence is aggravated. Examples of aggravating circumstances include: repeat offending, passengers in the vehicle, erratic driving etc.
A conviction will result in the court disqualifying your license. This means that you must reapply for a new license if you choose to drive after a period of disqualification.
What happens after I am caught driving suspended?
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
Note: Where a person has been suspended for not paying fines, the penalties differ as follows:
| Penalties | First Offence | Second or subsequent offence |
| Automatic license disqualification | 3 months | 12 months |
| Minimum license disqualification | 1 month | 3 months |
| Maximum licence disqualification | Unlimited | Unlimited |
| Maximum court fine | $3,300 | $5,500 |
| Maximum gaol term | Zero | 6 months |
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