Driving with suspended/disqualified license
Driving while suspended/disqualified can have serious ramifications in NSW. The driver is automatically disqualified if caught, while driving suspended. The circumstances that cause suspension include accumulation of demerit points, an on-the-spot police suspension, a court issued suspension, and non-payment of fines.
The penalty that is handed down depends upon the specific circumstances surrounding the case. For first time offenders the penalty imposed is a fine of maximum of $3,300, automatic disqualification of 6 months which can be reduced by court to 3 months and/or imprisonment of up to 6 months.
For second or subsequent offenders the fine is maximum of $5,500, an automatic disqualification of 12 months which can be reduced to 6 months and/or imprisonment of up to 2 years.
It is possible to defeat the charges of Driving while Disqualified or Driving while Suspended only if, ‘Honest and Reasonable Mistake of Fact’ as to the validity of your license can be proved. Evidence must be provided in relation to the honest and reasonable belief, that you were entitled to drive. Sometimes the suspension notice can be confusing in terms of the suspension period, or the suspension period is extended. The explanation will entirely depend on the documents you have received or the conversations you had with SDRO.
The excuse of not receiving the suspension notice due to change of address can not form part of honest and reasonable mistake. Roads & Maritime Services have to prove only that they sent the letter to the address on the driver licence register. It is up to every driver to ensure their details are up to date. It must be proved that either the mail was stolen or were living somewhere else temporarily.
These defences are difficult to prove. Solicitors at Sydney Criminal Defence Lawyers are experts in traffic law cases and can help you get the best possible outcome.
How can Sydney Traffic Lawyers help?
|Our traffic lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward. Call us now on 02 8059 7121 or 24/7 on 0420 998 650 to speak with one of our traffic lawyers.|