Disqualified Driving Lawyer Central Coast
Have you been caught driving while disqualified?
New South Wales has tough penalties for driving while disqualifying and for driving while having a suspended licence. Knowing the rules and consequences can protect you.
If you need legal advice and representation related to disqualified driving, Spencer Lawyers located in Gosford on the Central Coast can help.
Get in touch to discuss your case – we’ll fight for you.
Driving legislation in NSW
NSW has tough legislation against disqualified and suspended driving.
You can be charged under the Road Transport Act 2013. Under section 54(1)(a), it is an offence to drive on a public road whilst you’re disqualified from driving. The police must prove that you were both driving on the road and disqualified at that time.
It’s also an offence under section 54(3)(a) to drive on a public road whilst your license is suspended. The police need to prove that you were driving on a public road and were aware that your license was suspended. A defence of an honest and reasonable mistake can be used – the defence team need to prove that you were unaware of the suspension.
Penalties In NSW
The penalties for disqualified driving vary between first and subsequent offences.
For both suspended driving and driving whilst disqualified, for your first offence you can face a fine of up to $3300 and a six-month prison sentence. For a subsequent offence, you can face up to 12 months in prison.
For driving whilst disqualified, your fine could increase to $5,500. On top of fines and prison sentences, you also get a further automatic disqualification period of six months for a first offence and twelve months for a further offence. In some cases, you might receive an unlimited disqualification.
Applying for removal of disqualification
If the court has disqualified your license, you can apply to shorten or remove the disqualification. The court can do this if:
- The disqualified driver makes the application via their legal representation
- The disqualified driver has completed the offence-free period
- They have not been convicted of any other moving traffic offences
- The court is convinced removing or shortening the disqualification is appropriate
Your offence-free period depends on your driving record and any past convictions. Having appropriate representation is important if you want to apply to shorten or remove your driving disqualification.
A prison sentence is likely but you might avoid it.
The court can impose a Conditional Release Order (CROs) that requires you to not commit any offences for a given period of time. CROs usually apply to first-time offenders with minor offences.
Alternatively, you might receive community service or curfews under a Community Corrections Order, or supervision and further restrictions under an Intensive Corrections Order.
Disqualified driving is a serious offence so it’s important that you seek legal representation as quickly as possible. Contact Spencer Lawyers for reliable legal advice and representation on the Central Coast.
If you’ve been convicted of serious driving offences or if you’ve been convicted of any other driving offences in the past two or four years you cannot apply to have the disqualification removed.
You should always seek legal advice before making an application.
You cannot appeal the court’s decision but you can make another application after 12 months.
Contact Spencer Lawyers on the Central Coast Now
If you need dedicated legal support and reliable representation for suspended or disqualified driving offences, or if you want to apply to remove a disqualification, contact Spencer Lawyers.
We’re specialists in criminal and traffic law and will be able to advise you on your options and assist you through the entire process.