Disqualified Suspended and Cancelled Driving

Home Drink Driving & Traffic Disqualified Suspended and Cancelled Driving

Disqualified Suspended and Cancelled Driving

The Table below reveals the local court penalties and serious trouble that a person can get into if facing police charges for these driving offences. Repeat offenders risk imprisonment or direct alternatives such as Community Service Orders, Intensive Corrections Orders, Suspended Prison Sentences and Home Detention.

In some circumstances, it is possible for the Magistrate to find the offence proved but not record a conviction, pursuant to Section 10 Crimes (Sentencing Procedure) Act. However, if convicted, the court must impose a mandatory minimum disqualification period.

Take advantage of our first conference free offer and discuss the likely penalties, legal costs and preparation necessary to achieve a good result – including attendance at the Traffic Offender Intervention Program, suitable references and other supporting evidence that may assist whether you are pleading guilty and facing sentencing proceedings, or pleading not guilty and running a defended hearing.

Licence suspension can only occur through the RTA, State Debt Recovery Office or the police. A suspended licence cannot be used for a period of time until the suspension is lifted. The RTA might suspend a licence for exceeding the speed limit by 30 or 45 km/h, for demerit points loss, for unpaid fines through the State Debt Recovery Office, or if there is some other irregularity with the licence. Police can suspend a licence if they detect certain offences, including mid range drink driving, high range drink driving, burnouts, certain speeding offences, manner dangerous, predatory driving, drug driving, and the like.

Disqualification can only be imposed by a court. When a licence is disqualified, it is also cancelled. The only way to overcome cancellation is to re-apply for the licence when legally able to do so, ie. after the disqualification period has ended.

PENALTIES FOR DRIVING DISQUALIFIED, SUSPENDED DRIVING and DRIVE WHILST CANCELLED

FIRST OFFENCE (first offence of this type and where no prior major offence within the past 5 years)

MAXIMUM FINE

MAXIMUM GAOL

MANDATORY MINIMUM DISQUALIFICATION

$3,300.00

18 months

12 months*

except for Fine Default Suspension which carries a 3 month disqualification period

SECOND OFFENCE (second or subsequent offence within 5 years or where prior major offence within that time)

MAXIMUM FINE

MAXIMUM GAOL

MANDATORY MINIMUM DISQUALIFICATION

$5,500.00

2 years

2 years

A conviction for any of these offences means a criminal conviction and a criminal record.

If you have been charged with a police matter, contact one of our criminal law specialists immediately at either our Sydney or our Parramatta offices. Call 1800 NOT GUILTY or fill in our contact form on this page and arrange a free conference with a solicitor today. Contact our specialists right now! 24-hour legal advice 7 days a week.

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