Unlicensed Driving

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Unlicensed Driving

What is Unlicensed Driving?

You may be charged with this offence if you are caught driving on the road without a valid licence.
This includes persons who have never held a driver license and persons who have not held a valid license of any kind in Australia in the 5 years prior to the offence.

What are the penalties for unlicensed driving?

The penalties for unlicensed driving can be severe, especially if it is your second offence in five years.

First major offence within 5 years

Maximum fine


Mandatory  disqualification

At discretion of the court

Maximum prison sentence


Second major offence within 5 years

Maximum fine


Mandatory disqualification

3 years

Maximum prison sentence

18 months

However, despite the seriousness of the charge, it may be possible to avoid having a criminal conviction recorded against you by arguing for a section 10.

How severe is the charge against you?

This offence comes with the possibility of a prison sentence, depending on the circumstances. Driving without a licence is taken seriously by the court, particularly in cases where you may not have the same knowledge or driving skills as other road users. This might be because you have not had any driving experience at all, you’re unfamiliar with NSW road rules, or you’re out of practice because your licence has expired.

Traffic Offender Intervention Program

If you are charged with unlicensed driving, you might be able to obtain a lighter sentence if you attend the Traffic Offender Intervention Program, which aims to educate participants about the road rules and the risks of failing to comply with them.

More information about the Traffic Offender Intervention Program.

If you are facing unlicensed driving charges, our experienced traffic lawyers can help you pursue a section 10, and advise you about potential penalties and defences that may be open to you.

Your first conference is free and we attend all courts in NSW. Contact one of our criminal law specialists in Sydney or Parramatta for an appointment. Call 1800 NOT GUILTY or fill in our form on this page for legal advice 7 days a week, 24 hours a day.

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contact form or via phone, will be treated
strictly privately and in confidence.