The Consequences Of Driving On A Suspended Licence: A Complete Breakdown
The consequences can be severe if you’re caught driving with a suspended licence. You could face fines and possibly even jail time, and the police may also permanently revoke your driving privileges. It’s important to understand that driving with a suspended license is a serious offence and should be avoided at all costs. Not only is it illegal, but it also puts you and others on the road at risk of harm.
JJ Lawyers handles all aspects of traffic law, so we can help you resolve issues around driving on a suspended licence. Call us at (02) 8005 3075 for a free consultation.
Potential Penalties for Driving on a Suspended Licence
Types of Traffic offences That Can Result in a Suspended Licence
Your licence can become suspended due to a traffic offence like going over the speed limit, driving under the influence, street racing, and similar driving infringements. The period of disqualification varies depending on the offence. For example, drink driving offences are more serious than speeding.
Immediate Suspension of Licence by Police
If you’re driving with a suspended licence and get pulled over, the police could immediately suspend your licence. At that point, you’re unable to take your vehicle away. Someone must come to get your car, and you can’t drive until you appear before the local court. You might not have a legal licence for six months or longer.
Police will immediately suspend your licence if you drive faster than 45 kilometres per hour over the speed limit, are drink driving, or drag racing. They can also place immediate suspensions with no set end date depending on the severity of the crime you commit or if you’re over a certain threshold of intoxication.
Potential Penalties for Driving on a Suspended Licence
Driving on a suspended licence involves potential penalties such as:
- Fine up to $3,300
- Six months in jail
- Three to six months of licence disqualification
The court can decide to combine any possible penalties, which is inconvenient and expensive. Your fine increases to $5,500 with your second offence, and you can spend 12 months in jail.
You can face even more severe penalties if you’re driving under the influence or charged with driving while otherwise impaired. Subsequent offences can lead to completely losing your driver’s licence.
These suspensions apply across every Australian state and territory, so you can’t drive in another area until you resolve the issue in NSW.
Instead of giving up your quality of life due to a licence suspension, let JJ Lawyers help you navigate the courts.
Defences Available for Driving With a Suspended Licence
Pleading “Not Guilty” and Presenting a Defence
When you go to court for your suspended licence, you can enter a “not guilty” plea. You can then choose a defence to explain why you’re not guilty.
One possible defence is an honest and reasonable mistake. Our team will help you prove that you thought you were acting lawfully at that time. If you didn’t get a notice of suspension, there’s no way to know you had a suspended licence. That means it was simply a mistake that you were driving in this capacity.
Arguing that You Were Not the One Driving
JJ Lawyers can also help you effectively use the defence that you weren’t driving at the time. Someone else could be sitting in the driver’s seat, which means the police need to prove the driver’s identity. If you were behind the steering wheel but your motor vehicle was in park and turned off, the police must have proof that you stopped driving when they saw you.
Demerit points come from Roads and Maritime Services, not the court, so you might still see some impact on your licence due to the case, whether the court accepts your defence or not.
Appeals Available for Driving With a Suspended Licence
Filing an Appeal Within the 28-Day Deadline
When you get notice of suspension for your licence, you have 28 days to appeal. You need to create an online account with the government, fill out the appeal form, and file it, along with the applicable fee.
While you wait for notice on your appeal, you can gather documents to help present your side of the case. The court doesn’t automatically revoke the suspension when you appeal. A local court will consider other factors, such as:
- Circumstances of the suspension
- Driving record
- Good behaviour
- Your need for a licence
Successful Appeals for Those Without Prior Convictions
Appeals are typically successful if you have no prior convictions within the past four years. However, anyone can appeal a suspension, even if you were speeding, drink driving, or acting negligently. If you can prove that you must drive due to family or work commitments, and there’s no alternative transport available, the court may decide favourably.
You can’t file an appeal if you miss the 28-day deadline, engage in a police chase, hit a person and drive away, or cause death or grievous bodily harm with your vehicle.
Filing an appeal can be stressful, but JJ Lawyers can help. Our satisfied clients have experienced results such as suspension dismissal, change of suspension period, and granting a good behaviour licence. The good behaviour licence allows you to drive as long as you don’t commit a subsequent offence, or else the suspension doubles.
How JJ Lawyers Can Help
Our Areas of Expertise in Traffic Law
JJ Lawyers has experience with various areas of traffic law, including:
We believe in transparency with the legal process, so you know what to expect from your case. We can handle challenging issues as long as you’re open and honest with us. We can help you get your licence reinstated, so rely on JJ Lawyers to help you keep your licence and diminish the impact this offence might otherwise have on your record.
What To Do
Time Is of the Essence: Contact Us for Legal Help
If you are driving with a suspended licence, contact us immediately. With an appeal timeline of 28 days, there’s no time to waste. Driving while suspended can cause severe outcomes in your daily life since you’ll have major restrictions on your road transport. Use legal help to ensure you’re safely and legally able to drive.
Contact JJ Lawyers today at (02) 8005 3075. Your free consultation will show you how to move forward and help you see that JJ Lawyers are here to help.
For more pertinent legal breakdowns, see our dedicated law blog, where we tackle other relevant legal topics such as: ‘What Is The Blood Alcohol Limit In NSW’, ‘Does Drink Driving Give You A Criminal Record?’, & More!
