Driving whilst suspended or disqualified occurs when a driver operates a vehicle despite having their licence suspended or disqualified.
What Must the Prosecution Prove?
The Prosecution must prove:
What are the Penalties?
If your licence was suspended or cancelled due to a fine default, the maximum penalty is 3 months disqualification, which can be reduced to 1 month by the Court and a fine of $3,300 if it is your first offence. If it is your second or subsequent offence, the penalties increase to 12 months disqualification, which may be reduced to 3 months, a fine of $5,500 and/or 6 months imprisonment.
If your licence was otherwise suspended, cancelled, or disqualified, the maximum penalty is 6 months disqualification, which may be reduced to 3 months, a fine of $5,500 and/or 6 months imprisonment for your first offence. If it is your second or subsequent offence, the penalties increase to 12 months disqualification, which may be reduced to 6 months, a fine of $5,500 and/or 12 months imprisonment.
What are the Defences?
The following are the legal defences for driving whilst suspended and disqualified in NSW:
It is important to note that the burden of proof lies with the Prosecution to prove that the accused is guilty of the offence beyond a reasonable doubt. If the accused raises a defence that casts a reasonable doubt on their guilt, then the accused must be acquitted.
Here are some examples of how the defences above may be used in a case involving a charge of driving whilst suspended and disqualified in NSW:
If you have been charged with driving whilst suspended and disqualified in NSW, it is important to seek legal advice from an experienced criminal defence lawyer. Our team at Jackson John Defence Lawyers can help you to understand your legal rights and options, and to build a strong defence on your behalf.
Alternatively, if you accept responsibility for the offending, the team at Jackson John Defence Lawyers can assist you in presenting a strong case in mitigation. Often, a combination of cogent subjective material and robust submissions made on your behalf by one of our experienced traffic lawyers will result in a non-conviction order such as a section 10 bond. In this case, no demerit points will accrue, and no disqualification will be ordered. This is why obtaining legal advice about your specific situation is critical.
Why Jackson John?
The team at Jackson John Defence Lawyers are highly experienced and skilled traffic lawyers. Contact us today to arrange a 15-minute free initial consultation.
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We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
© 2024 JACKSON JOHN DEFENCE LAWYERS – Privacy Policy
Liability limited by a scheme approved under Professional Standards Legislation.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.