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There are a variety of offences which relate to the status of the defendant’s driver’s licence. The consequences of a conviction often include long disqualification periods and hefty fines.
Repeat or subsequent offences gives the court access to even harsher sentencing options. Whether or not the circumstances of an offence constitute a second or subsequent offence has a large impact on the final outcome of a matter.
Our expert criminal and traffic law team can assist by defending charges or mitigating the sentence which the Court is looking to impose. Read more detailed information below on common licencing offences and then contact one of our lawyers on 1300 343 560 for advice.
Driving while cancelled or refused
If a driver has had their licence cancelled or refused by the Roads and Maritime Service it is an offence to operate a motor vehicle. Section 54(4) of the Road Transport Act 2013.
A first offence carries an automatic disqualification period of 6 months (minimum 3 months), maximum fine of $3,300 and/or 6 months imprisonment.
A second or subsequent offence carries an automatic disqualification period of 12 months (minimum 6 months), maximum fine of $5,500 and/or 12 months imprisonment.
If the refusal or cancellation relate to a fine alternate sentencing options apply.
Our expert traffic lawyers are here to help. Call 0435 101 184 and arrange a consultation.
Driving while disqualified
When a driver has had their licence disqualified they are liable to a charge of disqualified driving when intercepted. Section 54(1) of the Road Transport Act 2013 outlines the offence and its penalties.
A first offence carries an automatic disqualification period of 6 months (minimum 3 months), maximum fine of $3,300 and/or 6 months imprisonment.
A second or subsequent offence carries an automatic disqualification period of 12 months (minimum 6 months), maximum fine of $5,500 and/or 12 months imprisonment.
Drivers who are subject to lengthy disqualification periods can make an application to the Local Court to have the remainder of their disqualification period waived!
Our expert traffic lawyers are here to help. Call 0435 101 184 now.
Driving while suspended
If a driver has had their licence suspended by the Roads and Maritime Service it is an offence to operate a motor vehicle. Section 54(3) of the Road Transport Act 2013.
A first offence carries an automatic disqualification period of 6 months (minimum 3 months), maximum fine of $3,300 and/or 6 months imprisonment.
A second or subsequent offence carries an automatic disqualification period of 12 months (minimum 6 months), maximum fine of $5,500 and/or 12 months imprisonment.
If the suspension relates to a fine, alternate sentencing options apply.
Our expert traffic lawyers are here to help call one now on 0435 101 184.
Demerit points suspension
If a driver who exceeds their demerit point limit is subject to serve a licence suspension period. Some drivers have the ability to elect to serve out a “good behaviour” period which allows them to continue driving but be at risk of double the original suspension period if they exceed a set amount of demerits within a proscribed time limit.
Contact our team today if you have been issued a demerit notification by the Road and Maritime Service. Call 0435 101 184.