Never Licensed Lawyers NSW

What is the offence of never being licensed?

Courts view this as a serious offence because you have not demonstrated the requisite skills needed to be the holder of a driver’s license. Driving without a license is seen as putting the community at risk.

Fortunately, for first time offenders, it is a fine-only offence.

What happens after I am caught driving ‘never licensed’?

First time offenders will be issued with a penalty notice. An election can be made to have the matter heard at court.
If it you are a repeat offender, police will issue you with a Court Attendance Notice (“CAN”), 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.

Conditional release order “CRO” (with or without conviction)

As above, however, this is usually subject to a period of good behaviour.
If an offence is committed during the period of the order, a court may resentence you for the offence, subject of the CRO.

Community Corrections Order

At a minimum, you will be subject to standard conditions (not to commit any further offences)
The court can impose any additional conditions that the court imposes, pursuant to Section 89 of the Crimes (Sentencing Procedure) Act 1999.

Intensive Corrections Order (“ICO”) or Gaol

Both orders are regarded as terms of imprisonment, however:
- An ICO is served in the community.
- Gaol is served in a correctional facility.

The following also applies unless dealt with by way of a non-conviction order.

Penalties	First Offence	Second or subsequent offence
Penalty notice fine	$796.00	N/A
Maximum court fine	$2,200	$3,300
Automatic license disqualification	N/A	12 months
Minimum license disqualification	N/A	3 months
Maximum prison term	N/A	6 months