Drive While Cancelled or Suspended
In New South Wales, it is an offence to drive on a public road while your drivers licence is cancelled. The maximum penalties for this offence are a fine of $3,300 and/or 6 months imprisonment for a first offence or a fine of $5,500 and/or 12 months imprisonment for a second or subsequent offence.
The automatic licence disqualification period is 6 months with a minimum licence disqualification period of 3 months (for a first offence) or an automatic licence disqualification period of 12 months and a minimum licence disqualification period of 6 months (for a second or subsequent offence within 5 years of the previous offence).
What is Drive while Licence is Cancelled?
The offence of Drive while Licence is Cancelled is regulated under Section 54(4) of the Road Transport Act 2013 (NSW) which states:
4) Driving or making licence application after licence refusal or cancellation (other than for non-payment of fine) A person whose application for a driver licence is refused or whose drive licence is cancelled (otherwise than under section 66 of the Fines Act 1996 ) must not–
(a) drive on a road a motor vehicle of the class to which the cancelled licence or the refused application related without having subsequently obtained a driver licence for a motor vehicle of that class, or
(b) make an application for a driver licence for a motor vehicle of the class to which the cancelled licence or the refused application related and in respect of the application–
(i) state the person’s name falsely or incorrectly, or
(ii) omit to mention the cancellation or refusal.
The following act might constitute Drive while Licence Cancelled:
- You are driving on the motorway and are pulled over by police who check your licence and find that it is cancelled.
What must be proven?
For a person to be found guilty of Drive while Licence Cancelled, the Prosecution must prove each of the following matters beyond a reasonable doubt:
- That you were driving a motor vehicle on a public road;
- That your licence was cancelled.
- That you had to reasonably have known that your licence was cancelled at the time you were driving.
If the Prosecution do not prove every single one of the above elements, you will be found not guilty.
Which Court Will Hear the Matter?
This offence is a summary offence and will be finalised in the Local Court.
Possible Defences for Drive while Licence Cancelled
The following defences may be available for a Drive while Licence Cancelled charge:
- Honest and reasonable mistake of fact.
- Duress.
- Necessity.
Common Questions about Drive while Licence Cancelled
Will I receive a criminal conviction?
A conviction and criminal record for this offence is possible.
A Court can impose any of the following penalties for a Drive while Licence Suspended charge:
- Gaol Sentence
- Intensive Corrections Order (ICO)
- Community Corrections Orders (CCO)
- Conditional Release Order with conviction (CRO)
- Fine
- Conditional Release Order without conviction (CRO)
- S10A
- Section 10
The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions, so it is very important that you contact Armstrong Legal to assist you with this.
What if I was driving due to a medical emergency?
Please contact us at Armstrong Legal to assist you with this, as a possible defence of this nature needs to be discussed with a solicitor as it is important we obtain relevant medical documents/material to corroborate this.
What if I did not know that my licence was cancelled?
If you genuinely did not know that your licence was cancelled, you will need to provide evidence which proves that you were unaware at the time that you were driving that your licence was cancelled. This defence can be difficult to make out so it is important to get legal advice.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.