Going to court for driving while disqualified is stressful, and you’re sure to be worried about your licence and when you will be able to drive again. Read on for an overview of this offence, or feel free to contact us if you’d rather talk to a dedicated traffic lawyer for personalised advice.
Am I going to lose my licence?
If you are convicted of driving while disqualified then your licence will be disqualified further. The Court has the power to add further disqualifications onto the end of any you are serving or to let them start from the date of court and overlap.
The penalties for driving while disqualified are:
Drive while Disqualified – First offence
Section 10 dismissal
- without conviction,
- without a fine, and
- without a disqualification period.
Conviction
- With a fine of up to $3,300,
- With a disqualification period of 6 months that can be reduced as low as 3 months or increased as the Court sees fit,
- With a Gaol term of up to 9 months.
Drive while Disqualified – Second or subsequent offence in 5 years
Section 10 dismissal
- without conviction,
- Without a fine, and
- Without a disqualification period.
Conviction
- With a fine of up to $5,500,
- With a disqualification period of 12 months that can be reduced as low as 6 months or increased as the Court sees fit,
- With a Gaol term of up to 12 months.
Contact us to discuss the possible penalties in your case and what we can do to minimise them.
Will I get a criminal record?
If you are convicted of driving while disqualified, you will receive a criminal conviction and criminal record.
There are two ways to avoid this:
- Be found not guilty.
- Be found guilty, but without a conviction recorded (section 10).
What happens on my first court date?
Often there is not much time between now and your first court date. There is no need to be concerned about this, as the Court will normally allow you more time to prepare.
On the first court date, the magistrate will ask what you are planning to do with your case. You can do one of three things:
- Enter a plea of ‘guilty’ and either ask that the magistrate give you a penalty that day or ask for more time to prepare.
- Enter a plea of ‘not guilty’ and your matter will be adjourned to a later date for hearing.
- Ask for an adjournment to get some legal advice.
What happens if I plead guilty to driving whilst disqualified?
The Court will decide what (if any) penalty to impose.
Driving while disqualified is taken very seriously by magistrates because it involves doing something that a Court has told you not to do.
So it is important to prepare well for your sentence hearing, so that the magistrate understands what happened, why it happened and why it won’t happen again.
With the right preparation you can reduce the penalties that the magistrate would otherwise impose.
Read on for more about what to expect at your sentence hearing.
