By Criminal Lawyers Group
20/08/2025

For many people across New South Wales, driving is an everyday necessity. But driving without the proper legal authority can quickly escalate into a serious criminal matter. At Criminal Lawyers Group, we regularly represent clients charged with driving without a licence or driving while disqualified.

While both are offences involving unauthorised driving, they are treated very differently under NSW law—and so should your legal strategy.

If you’ve been charged, understanding the difference between these offences is critical to protecting your licence, your criminal record, and your future.

WHAT IS UNLICENSED DRIVING IN NSW?

Under section 53(1)(a) of the Road Transport Act 2013 (NSW):

“A person must not, unless exempted by the statutory rules, drive a motor vehicle on any road without being licensed for that purpose.”

Unlicensed driving includes situations where a person:

Has never held a licence in NSW or any other jurisdiction
Is driving on an expired licence
Holds an overseas licence but has been a resident in NSW for more than 3 months
Has served a disqualification period but not reapplied for a licence

Even though this may seem like a technicality, unlicensed driving can attract penalties including:

Fines of up to $2,200
A possible prison term of up to 6 months (in serious cases)
Vehicle impoundment or registration suspension for repeat offences

For more, visit our page on unlicensed driving penalties.

WHAT IS DISQUALIFIED DRIVING?

Disqualified driving occurs when a person has been formally disqualified by a court and is caught driving during that disqualification period.

Under section 54(1)(a) of the Road Transport Act 2013 (NSW):

“A person who is disqualified from holding or obtaining a driver licence must not drive a motor vehicle on a road during the period of disqualification.”

Disqualification usually results from prior offences such as:

Drink driving
Drug driving
Dangerous or negligent driving
Accumulating too many demerit points

Penalties are significantly more severe than for unlicensed driving:

First offence: Fine up to $3,300 and/or 6 months’ imprisonment
Second/subsequent offence: Fine up to $5,500 and/or 12 months’ imprisonment
Automatic licence disqualification for 6–12 months

See more at our disqualified driving offence page.

KEY DIFFERENCES BETWEEN THE CHARGES

Feature	Unlicensed Driving	Disqualified Driving
Legal Status	Regulatory offence	Criminal offence
Court Type	Local Court	Local or District Court
Risk of Conviction	Low (often fine only)	High (likely criminal record)
Licence Impact	May need to reapply	Further disqualification imposed
Jail Risk	Low unless repeated	High, especially with priors

COMMON DEFENCES TO THESE CHARGES

At Criminal Lawyers Group, our traffic lawyers develop strategic defences tailored to each case. Depending on your circumstances, there are multiple ways to either challenge the charge or argue for a non-conviction outcome.

DEFENCES TO UNLICENSED DRIVING:

✅ Mistaken Belief of Valid Licence
You believed you were licensed, based on incorrect Service NSW records or misunderstanding about overseas licence recognition.

✅ Licence Recently Expired or Not Renewed Yet
You were unaware your licence had expired or were in the process of renewal.

✅ Emergency Situation
You drove in response to a medical or family emergency.

✅ Short Distance Travelled
You only drove a very short distance (e.g. moving your car off a road for safety reasons).

✅ No Notice of Suspension or Cancellation
If Transport for NSW failed to notify you properly of your licence suspension or cancellation.

✅ Driver Not Properly Identified
Police cannot prove beyond a reasonable doubt that you were the driver of the vehicle.

DEFENCES TO DISQUALIFIED DRIVING:

✅ Lack of Proper Notification
You were not properly served or informed of the disqualification period by the court or RMS.

✅ Mistaken Belief Disqualification Had Ended
You genuinely believed you were legally allowed to drive (due to outdated or incorrect advice).

✅ Medical or Personal Emergency
You drove under urgent, exceptional circumstances that required immediate action.

✅ Necessity / Duress
You drove to escape harm or were coerced under threat — a valid legal defence.

✅ Vehicle Not Driven on a Public Road
If the vehicle was only used on private property, it may not fall within the legal definition of a “road”.

✅ No Intention to Drive / Vehicle Stationary
You were sitting in the car without intent to drive (e.g. waiting for someone, car off, no keys in ignition).

✅ Exceptional Hardship to Dependents
While not a full defence, if driving was necessary to prevent significant hardship to family or employment, this can support a more lenient outcome under section 10.

Visit our traffic offences section for more information on defending these charges.

CASE STUDY: DISQUALIFIED DRIVING AT PARRAMATTA LOCAL COURT

Our client “M”, a 32-year-old tradesperson from Merrylands, was charged with driving while disqualified after being pulled over near Parramatta CBD. He believed—based on an old letter from Transport for NSW—that his disqualification had already ended.

We presented evidence of:

The incorrect and confusing documentation from Service NSW
His clean record since the original disqualification
The fact that he was driving to help his ill mother attend a hospital appointment

At Parramatta Local Court, we successfully argued for a non-conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW). He avoided a criminal record, jail time, and was able to reapply for his licence.

DISQUALIFIED DRIVING CASES ON THE RISE

According to BOCSAR, driving while disqualified offences rose by 12% between 2022 and 2024 across Greater Sydney.

Suburbs such as Parramatta, Penrith, and Blacktown are among the most affected areas—often due to:

Confusion about when disqualifications end
Administrative delays from courts or Service NSW
Increased roadside enforcement

WHY PEOPLE UNINTENTIONALLY BREAK THE LAW

Many clients are shocked to discover they’re facing criminal charges for what they thought was a minor mistake or misunderstanding. But NSW courts treat unauthorised driving very seriously due to the public safety risks involved.

Fortunately, with early legal advice and proper representation, it’s possible to:

Avoid a criminal conviction
Minimise licence disqualification
Avoid jail, fines, and loss of employment

NEED A TRAFFIC LAWYER IN PARRAMATTA OR WESTERN SYDNEY?

If you’ve been charged with unlicensed driving, driving while disqualified, or any other NSW traffic offence, the team at Criminal Lawyers Group is ready to help.

✅ Urgent same-day court representation
✅ Specialists in section 10 non-conviction outcomes
✅ Offices in Parramatta, Penrith, Liverpool, Sydney, and Blacktown

📞 Call (02) 8815 8177 or book your free consultation online

Criminal Lawyers Group — Protecting your rights and your future.