Caught driving whilst your licence is disqualified?
Driving whilst your licence is disqualified or suspended is a very serious offence in Queensland, as it is viewed as a direct violation of a Court order. The penalties can be very severe and may even involve a prison sentence.
What is disqualified driving?
If your licence has been previously disqualified or suspended by a Court or by an accumulation of demerit points and you are caught driving, you can be charged for driving whilst disqualified.
What penalties could I face?
If you are found guilty of driving whilst disqualified, you may be fined up to $8,600* and could face up to 18 months’ imprisonment. While it is uncommon that first time offenders will be sent to prison, it is not uncommon that those with a poor traffic history will be sentenced to a period of imprisonment of some sort, even if they are first time offenders. Therefore, if you have a poor traffic history or have been previously disqualified from holding a licence, it is crucial you make submissions to convince the Magistrate that a prison sentence is not appropriate.
How much longer will my licence be disqualified for?
If you were found driving whilst disqualified by a Court order the legislation imposes a minimum licence disqualification period of 2 years, which could be up to 5 years. Alternatively, if you were found guilty of driving whilst disqualified by an accumulation of demerit points, the legislation imposes a minimum licence disqualification period of 6 months. In deciding how long to disqualify your licence for, the Magistrate will take into account a wide range of considerations, which include the circumstances around the current offence and the length and circumstances of your suspension.
Are there any defences for disqualified driving?
Due to the severity of being found guilty for disqualified driving, it is not worth taking the risk of representing yourself. At GC Crime Lawyers our experienced team can assist you with preparing for your hearing and provide you with peace of mind that you will receive the lowest penalties possible. Call us on 1300 127 463 today to discuss your circumstances with an experienced solicitor.