Driving Whilst Suspended

THINGS YOU NEED TO KNOW:

1. Driving whilst suspended is a summary offence under Section 54(3) of the Road Transport Act 2013 (NSW).
2. A number of defences against a conviction of Driving whilst suspended are available.
3. The maximum penalty available to the Court for the criminal offence of Driving whilst suspended is a term of imprisonment of 12 months.
4. Driving whilst suspended matters are heard in the Local Court.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for obtaining not guilty verdicts and the withdrawal of charges for clients charged with the criminal offence of Driving whilst suspended.

The criminal offence of Driving whilst suspended can have serious consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF DRIVING WHILST SUSPENDED?

Section 54(3) of the Road Transport Act 2013 (NSW) constitutes it a criminal offence for a person whose driver licence is suspended (otherwise than under section 66 of the Fines Act 1996) to:

• Drive on a road a motor vehicle of the class to which the suspended driver licence relates, or
• Make an application for a driver licence during the period of suspension for a motor vehicle of the class to which the suspended driver licence relates and in respect of such an application—
• state the person’s name falsely or incorrectly, or
• omit to mention the suspension.

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF DRIVING WHILST SUSPENDED?

Section 54(3) of the Road Transport Act 2013 (NSW) prescribes a maximum penalty of a $3,300 fine and/or 6 months imprisonment for a person convicted of the criminal offence of Driving whilst suspended. There is an automatic disqualification period of 6 months, with a minimum disqualification period of 3 months.

For a second or subsequent offence of Driving whilst suspended, the maximum penalty is increased to a maximum penalty of a $5,500 fine and/or 12 months imprisonment, with an automatic disqualification period of 12 months and minimum disqualification period of 6 months.

POSSIBILITY OF NO CONVICTION RECORDED

Section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) provides the Court the discretion to not impose a conviction against a person guilty of the offence of Driving whilst suspended. If the Court decides to not record a conviction, the minimum disqualification period no longer applies and you will not be disqualified from driving.

Our specialised criminal lawyers at Criminal Lawyers Group have a proven record in obtaining Section 10 No Conviction Recorded outcomes for our clients charged with Driving whilst suspended.

WHAT DOES THE PROSECUTION NEED TO PROVE?

You will beat a Driving whilst suspended charge if the prosecution cannot prove beyond reasonable doubt that you committed any of the following whilst your driver licence was suspended:

• Drove on a road a motor vehicle of the class to which the suspended driver licence relates, or
• Made an application for a driver licence during the period of suspension for a motor vehicle of the class to which the suspended driver licence relates and in respect of such an application:

• stated your name falsely or incorrectly, or
• omitted to mention the suspension.

WHAT ARE THE DEFENCES AGAINST GUILT FOR THE CRIMINAL OFFENCE OF DRIVING WHILST SUSPENDED?

Did not commit the act: That you did not commit the act that the prosecution alleges.

Honest and Reasonable Mistake of Fact: That you honestly and reasonably believed that your driver licence was not suspended. One example of this occurring is if by virtue of an error on the part of Transport for NSW, you were not notified of the suspension of your driver licence.

Duress: You may defend a Driving whilst suspended charge on the defence of duress, which is that you committed the offence due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Necessity: The defence of necessity may be used to defend against a charge of the criminal offence of Driving whilst suspended in circumstances where the criminal offence must have been done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others whom you were bound to protect.

Other defences may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you based on the circumstances of your case.

WHAT ARE SOME EXAMPLES OF THE CRIMINAL OFFENCE OF DRIVING WHILST SUSPENDED?

Examples of actions that may constitute the criminal offence of Driving whilst suspended include, but are not limited to:

• Driving your friend’s vehicle on the road whilst your driver licence is suspended.
• Making an application for a driver licence at Service NSW under a fake name, whilst your driver licence is suspended.
• Making an application for a driver licence at Service NSW whilst your driver licence is suspended and not telling them about your suspension.

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED OF THE OFFENCE OF DRIVING WHILST SUSPENDED?

If you are convicted of the criminal offence of Driving whilst suspended, the court may consider a number of factors that will determine the punishment you receive, including but not limited to:

• Early guilty plea
• Circumstances of the offence, including any aggravating factors
• Criminal history, particularly involving traffic offences
• Character references
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending
• Your requirement for driving as a means to fulfill your employment
• Your requirement for driving as a means to fulfill medical requirements and family commitments
• Any assistance you give to authorities

WHAT COURT ARE DRIVING WHILST SUSPENDED OFFENCES HEARD IN?

The criminal offence of Driving whilst suspended is heard in the Local Court.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including Driving whilst suspended offences in the Local Court.

WHAT ARE YOUR OPTIONS?

When facing a Driving whilst suspended charge, you have several options in court. These include:

PLEADING NOT GUILTY: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

PLEADING GUILTY: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

NEGOTIATE A PLEA DEAL: We may negotiate with the prosecution to request that the charge is withdrawn, downgraded or fact sheets amended, depending on the circumstances of your case.

s14 APPLICATION: There will not be a finding of guilty should a s14 order be made. You will be diverted under the Mental Health Act 2007 (NSW) for a period of 12 months. You will avoid a criminal conviction with this option.

CONTACT US NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.