DRIVING WHILST DISQUALIFIED OR WHILST LICENCE SUSPENDED OR CANCELLED IN NSW
The driving of a vehicle as the primary means of transportation is central to the lives of most people. Daily schedules, commitments and spontaneous activity and requirements are often met with driving a vehicle, as this is generally the most cost efficient, reliable and time efficient mode of transport. It is often the most practical, with most alternatives such as public transport not necessarily able to be relied upon to pick us up and deliver us to precise locations with flexibility to the same extent as driving one’s own vehicle. Whilst Uber may offer such flexibility, it does come at the expense of more significant costs, with driving your own vehicle offering the flexibility at the lowest possible cost.
However, these alternatives may need to be relied upon if one were to be disqualified from driving or have their licence suspended or cancelled. However inconvenient and expensive it may be to rely on an uber, bus or train, these options are much better off than committing the criminal offences of driving whilst disqualified or whilst your licence is suspended or cancelled.
If you or someone you know have been accused or charged with driving whilst disqualified or whilst licence is suspended or cancelled, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
NSW POLICE CHARGE HUNDREDS OF MOTORISTS IN OPERATION CHRISTMAS/NEW YEAR 2024
Police charged hundreds of motorists for a variety of driving-related offences during Operation Christmas/New Year 2024 which commenced just after midnight on 20 December 2024 and concluded at 11.59pm on 1 January 2025. Some of the charges included motorists caught driving whilst disqualified or whilst their licence was suspended.
As part of the operation, the Traffic and Highway Patrol Command joined local police and patrolled roads across NSW with the stated aim of preventing injury and death, during a period of the year which historically sees a greater proportion of accidents, injuries and fatalities on the road.
9,719 speed infringements were issued by Police, who also laid 720 drink-driving charges and 1,725 positive roadside drug detections, attended 1,009 major crashes, and conducted 438,328 breath tests.
During the operation, Police stopped a Holden travelling in Maitland after the vehicle was detected travelling 80kph in a 60kph zone. The Police subsequently found that the 59-year-old male motorist’s licence had been disqualified in 1995 up until 2069. The alleged offender was charged with drive motor vehicle during disqualification period and was scheduled to appear at Newcastle Local Court.
The man in Maitland was not the only motorist allegedly caught driving on the road when they shouldn’t have been. On 23 December 2024, officers of the Traffic and Highway Patrol located a Holden utility allegedly driving dangerously in the Leumeah area. The motorist is alleged to have failed to stop when Police directed him to do so and a pursuit occurred, before the motorist stopped and attempted to flee through an area of bush. He was charged with police pursuit – not stop – drive recklessly and drive motor vehicle while licence suspended.
WHAT ARE THE PENALTIES FOR DRIVING WHILST DISQUALIFIED OR WHILST LICENCE SUSPENDED OR CANCELLED IN NSW?
Section 54 of the Road Transport Act 2013 (NSW) provides the penalties for the offences of driving whilst disqualified or whilst licence is suspended or cancelled.
The legislation states that a person convicted of driving whilst disqualified from holding or obtaining a driver licence or whilst licence is suspended or cancelled is liable to a maximum penalty of a $3300 fine and/or 6 months imprisonment in the case of a first offence. For a second or subsequent offence of driving whilst disqualified or whilst licence is suspended or cancelled the maximum penalty is a $5500 fine and/or 1 year imprisonment.
If the suspension or cancellation had occurred under Section 66 of the Fines Act 1996 (NSW), there is no imprisonment for the first time offence, whilst an offender is liable to a maximum term of 6 months imprisonment for a second or subsequent offence.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or someone you know have been accused or charged with driving whilst disqualified or whilst licence is suspended or cancelled, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our award-winning specialised lawyers have a proven track record of obtaining the best results for clients charged with driving whilst disqualified or whilst licence is suspended or cancelled.