Our Services  / Drink Driving

Drive while cancelled

Going to court for driving while cancelled 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.

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Am I going to lose my licence?
If you are convicted of driving while your licence is cancelled then your licence will be disqualified.

The penalties for driving on a cancelled licence are:

Drive while cancelled – First offence

Section 10 dismissal

  • without conviction,
  • Without a fine, and
  • Without a disqualification period.
or

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 Cancelled – Second or subsequent offence in 5 years

Section 10 dismissal

  • without conviction,
  • Without a fine, and
  • Without a disqualification period.
or

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 cancelled, 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 cancelled?

The Court will decide what (if any) penalty to impose.

Don’t worry that if you plead guilty the magistrate won’t hear your side of the story.

During the sentencing proceedings the magistrate will give your lawyer the chance to explain what happened, what type of person you are and the impact that the case and any penalty will have on you. The magistrate will consider all of those things when deciding what penalty to impose.

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.

Ainsley Law

Sydney
Level 1, 299 Elizabeth Street
Sydney NSW 2000

Parramatta
Suite 19, 103 George Street
Parramatta NSW 2150

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0416 224 601

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