The offence of driving while disqualified is committed by a person who has been disqualified by the court and drives a motor vehicle on the public road.
The penalties for drive while disqualified are:-
Drive Whilst Disqualified – 1st Offence |
Maximum Fine |
$3,300 |
Maximum Imprisonment |
6 months |
Minimum Disqualification |
3 months |
Automatic Disqualification Period |
6 months |
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|
Drive Whilst Disqualified – 2nd or subsequent Offence (5 year Period) |
Maximum Fine |
$5,500 |
Maximum Imprisonment |
12 months |
Minimum Disqualification |
6 months |
Automatic Disqualification Period |
12 months |
The offence of driving whilst suspended is committed by a person who knowingly drives a motor vehicle on the public road and that is suspended (either by the RMS or Police).
The penalties for drive whilst suspended are:-
Drive Whilst suspended– 1st Offence |
Maximum Fine |
$3,300 |
Maximum Imprisonment |
6 months |
Minimum Disqualification |
3 months |
Automatic Disqualification Period |
6 months |
|
|
Drive Whilst suspended– 2nd or subsequent Offence (5 year Period) |
Maximum Fine |
$5,500 |
Maximum Imprisonment |
12 months |
Minimum Disqualification |
6 months |
Automatic Disqualification Period |
12 months |
More information on:
Police Suspension
Transport NSW/RMS Suspension
The offence of driving whilst suspended is committed by a person who knowingly drives a motor vehicle on the public road and that is suspended for non payment of fines).
The penalties for drive whilst suspended for non payment of fines are:-
Drive Whilst suspended (non payment of fines)– 1st Offence |
Maximum Fine |
$3,300 |
Maximum Imprisonment |
N/A |
Minimum Disqualification |
1 months |
Automatic Disqualification Period |
3 months |
|
|
Drive Whilst suspended (non payment of fines)– 2nd or subsequent Offence (5 year Period) |
Maximum Fine |
$5,500 |
Maximum Imprisonment |
6 months |
Minimum Disqualification |
3 months |
Automatic Disqualification Period |
12 months |
The offence of drive whilst cancelled is committed by a person who drives a motor vehicle on the public road with a licence that is cancelled.
This offence occurs typically after a disqualification period, as when you are disqualified your licence is immediately cancelled and you must attend to the RMS to obtain a new licence.
Penalties for drive whilst cancelled:-
Drive Whilst Cancelled– 1st Offence |
Maximum Fine |
$3,300 |
Maximum Imprisonment |
6 months |
Minimum Disqualification |
3 months |
Automatic Disqualification Period |
6 months |
|
|
Drive Whilst Cancelled– 2nd or subsequent Offence (5 year Period) |
Maximum Fine |
$5,500 |
Maximum Imprisonment |
12 months |
Minimum Disqualification |
6 months |
Automatic Disqualification Period |
12 months |
A second or subsequent offence is when the offender has been convicted of a previous major offence in the past five years.
Major offences include but are not limited to:-
- Drink Driving
- Disqualified Driving
- Suspended Driving
- Predatory Driving
- Driving with Drugs
Some possible defences for licence style offences:-
- honest and reasonable mistake
- duress