Driving While Disqualified

It is an offence to drive a motor vehicle on a public road after their licence has been disqualified by a court.  If the court records a conviction for the offence then the court must disqualify you from holding a licence for the mantatory period.  That period usually begins at the end of the current disqualification period.

Th penalties are:

Maximum court imposed fine: 1st offence - $3,300; subsequent offence - $5,500

Maximum gaol term: 1st offence - 18 months; subsequent offence - 2 years

Disqualification period:

1st offence - minimum 12 months; maximum - unlimited

Subsequent offence - minimum - 2 years; maximum - unlimited

Most people require a driver licence for their work or daily responsibilities and keeping their licence is their primary concern. A court that is properly advised may exercise its discretion not to record a conviction (section 10 of the Crimes (Sentencing procedure) Act 1999). Not only will that result in the offender not incurring a fine or other penalty, it also means that their driver licence cannot be disqualified.

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