Going to court for driving while suspended 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 suspended then your licence will be disqualified.
The penalties for driving while suspended depend on whether or not this was your first offence and whether you were suspended for traffic offences or for non-payment of fines.
Drive while Suspended – 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 Suspended – 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.
Drive while Suspended (fine default) – 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 3 months that can be reduced as low as 1 month or increased as the Court sees fit.
Drive while Suspended (fine default) – 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 3 months or increased as the Court sees fit,
- With a Gaol term of up to 6 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 suspended, 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 if I didn’t know I was suspended?
Sometimes the only way that you are notified of a suspension is by a notice sent in the post. For various reasons these notices don’t always get to their intended recipients.
This can sometimes form the basis of a defence against a charge of driving whilst suspended. Other times it provides a good explanation for why the offence was committed and so helps to reduce the penalty.
If you have been charged with driving while suspended and you did not receive your notice of suspension, contact us to discuss the best way to move forward with your matter.
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 suspended?
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.
