It is important for everyone to drive legally on the road. Only a valid licence will allow you to get your vehicle on the road, drive to work, run errands, etc.
Driving is regarded as a privilege and not a right. Thus, driving while disqualified or suspended is considered a serious crime.
This article will give you informative insights into the dangers of driving in Australia while your licence is disqualified. Please stick until the end of the article to learn some potential defences.
Let’s get rolling!
According to section 91(5) of the Motor Vehicles Act 1959 (SA), driving on a public road in Australia without a credible driver’s licence is illegal. And if you continue to drive with a disqualified licence, you might be guilty of an offence. This means if you are caught and found guilty by the police, you’re very likely to get punished.
However, in order to be convicted of driving with a disqualified licence, there must be sufficient evidence to prove the following:
The driving licence of anyone in Australia might be disqualified or suspended for any of the following reasons:
You’ll be penalised if you are found guilty and convicted of driving while disqualified WA. However, the extension of your punishment will depend on certain circumstances, including aggravating or mitigating factors.
Anyone convicted of driving on a disqualified or suspended licence in Australia is charged with similar penalties as those convicted of driving without a credible licence. If you are found guilty for the first time, you might end up spending at least a year in jail. Sometimes, you might also be asked to pay a fine of $4,400 as a penalty for driving while disqualified.
Nevertheless, you can avoid going to jail if you haven’t committed a similar offence within the past five years. It’s because the police offer some kind of discretion in such circumstances. But if they desire, they can issue a maximum fine of $4,400.
On the other hand, these matters are usually heard by the Magistrates Courts but don’t provide any leeway regarding disqualifications. If you’re found guilty of driving with a disqualified licence, your driving licence might be confiscated. And you might not even get your licence back before six months.
It doesn’t matter whether you have been penalised for your offence. While the offence is extremely serious, the penalties associated with driving while disqualified are also severe. At the very least, you might have to pay hefty fines and end up behind bars for up to 18 months. In fact, your driving licence might also be confiscated for 2-5 years.
If you’ve been found guilty of driving whilst disqualified in Australia, you need the best traffic lawyers to defend you. When you hire experienced lawyers, they will quickly assess your situation and provide an effective defence on your behalf.
Taking your circumstances into consideration, your hired lawyers might argue the following:
Some of the potential defences that your lawyer can state for driving while disqualified are as follows:
The traffic law of Australia states that you must never drive a vehicle on a public road without a valid licence. A public road is defined as an area developed for and used by the public for driving motor vehicles. You might have a defence if your lawyers can prove that you were driving your vehicle on your private property.
In certain cases, the wrong person is penalised for driving while disqualified. There are several reasons why such situations occur. It can be an administrative error on behalf of the prosecutor. There might also be a mistake as the offender might have been carrying your identification that they reported to the police.
Irrespective of what the situation was, these can work as a valid defence to the charge of driving while disqualified. Thus, your lawyer can seamlessly prove that you were not the one who was driving the vehicle.
When it comes to imposing a sentence or penalty for driving while disqualified, courts have numerous options. Instead of imposing actual imprisonment, the court might also order a specific period of home detention. They might also order a hefty fine as a bond to be of good behaviour. Please note that the court holds the discretion of imposing further disqualification of your driving licence.
So, it is advisable to seek legal advice from the best traffic lawyers Perth WA, while you are charged with driving while disqualified. And if you are pleading guilty, you should seek legal advice. This will help in advancing your best interests during your sentencing procedure.
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