Caught Driving with a Disqualified Licence?

Driving while disqualified is a serious offence with severe penalties. If you’ve been charged, seeking legal representation is crucial to achieve the best possible outcome.

At Faraj Defence Lawyers, we understand that these situations often arise from unavoidable circumstances. Our experienced team has successfully represented many clients, securing favourable results and protecting their rights. We’re here to provide the guidance and defence you need.

Get in Touch for Immediate Assistance

If you or someone you know has been charged with driving whilst disqualified, it’s important to act quickly to achieve the best possible outcome. Contact Faraj Defence Lawyers today for a free and confidential consultation at our Parramatta office.

Call: (02) 8896 6034 | Email: af@farajdefencelawyers.com.au

Why Choose Faraj Defence Lawyers for Your Driving While Disqualified Charge

Our expertise in this area allows us to build a robust defence, tailored to the specifics of your situation. We understand the serious implications of these charges and work diligently to mitigate potential penalties with a proven track record of achieving favourable outcomes for our clients. Trust our team to handle your case with the utmost professionalism and commitment.

What our clients say about us?

Testimonials

Jimi Filipe

...so grateful for Ahmad he helped me out and got me out of a very sticky situation, absolute gun lawyer thank you!

What is the Offence of Driving While Disqualified?

Driving whilst disqualified refers to operating a vehicle on a public road during a period of disqualification imposed by a court order. Under Section 54 of the Road Transport Act 2013 (NSW), it is an offence to:

• Drive a motor vehicle during the disqualification period.

• Provide false or misleading information when applying for a licence during disqualification.

• Drive a motor vehicle during the disqualification period.

• Provide false or misleading information when applying for a licence during disqualification.

Courts treat this offence seriously due to its potential impact on public safety and the violation of a court order.

This offence is distinct from:

• Driving Unlicensed: Driving without ever holding a valid licence.

• Driving Suspended: Driving while a licence is temporarily revoked for administrative reasons, such as unpaid fines.

Common Reasons for Licence Disqualification

Licences are often disqualified as a penalty for serious or repeated traffic offences. Common reasons include:

• Drink or Drug Driving: Operating a vehicle under the influence of alcohol or prohibited substances.

• Dangerous or Negligent Driving: Driving behaviour that endangers the safety of others.

• Excessive Speeding: Substantial breaches of speed limits.

These offences demonstrate a risk to public safety and result in mandatory disqualification periods under NSW law.

Penalties for Driving Whilst Disqualified

Driving whilst disqualified carries strict penalties, which increase for repeat offences.

Additional penalties may include: 

• Section 10: No conviction recorded; the matter is dismissed providing you with a warning. This allows the offence to not impact your criminal record. 

• Conditional Release Order (CRO): Court-imposed conditions that must be followed, such as good behaviour bonds 

These penalties reflect the seriousness of the offence and the court’s commitment to deterring unsafe driving practices.

Building a Defence Against Driving Whilst Disqualified Charges

Facing a charge of driving whilst disqualified can be overwhelming, but understanding the legal process is the first step in preparing your defence. Successfully defending against this offence requires a strong understanding of the law and the elements the prosecution must prove.

What Must the Prosecution Prove?

To secure a conviction, the prosecution must prove beyond a reasonable doubt that:

• You were driving a motor vehicle

• You were on a public road 

• Your licence was disqualified by a court order at the time of the offence. 

• You knowingly breached the disqualification order.

If any of these elements cannot be proven, the charges may not result in a conviction.

Possible Defences to Driving Whilst Disqualified

Several defences can be raised against this charge, depending on the circumstances:

• Lack of Knowledge: You were unaware of the disqualification 

• Mistaken Identity: You were not the person driving the vehicle.

• Emergency Situations: You drove due to an unavoidable and serious emergency

• Invalid Disqualification: The disqualification order was improperly issued or invalid.

Each defence required specific evidence and legal arguments to be successful. Consulting with experienced traffic lawyers such as Faraj Defence Lawyers, can help determine the best defence strategy for your case.

How can Faraj Defence Lawyers help?

Faraj Defence Lawyers specialises in defending clients charged with driving whilst disqualified. Our team provides expert guidance and representation tailored to your unique situation.

If You Plead Not Guilty

We will thoroughly review the evidence against you, challenge weaknesses in the prosecution’s case, and develop a robust defence strategy. Our goal is to protect your rights and work towards dismissal or a reduction of charges.

If You Plead Guilty

If you choose to plead guilty, we’ll focus on minimising penalties by:

• Presenting mitigating factors, such as character references and apology letters.
• Assisting you in completing a Traffic Offenders Program to demonstrate rehabilitation.
• Negotiating with the prosecution to secure more lenient outcomes.

Book a Free Consultation with Our NSW Traffic Lawyers Today

If you’ve been charged with driving whilst disqualified, don’t leave your future to chance. Faraj Defence Lawyers provide expert legal advice and representation to help you achieve the best outcome.

Contact us today for a free consultation and take the first step towards resolving your case with confidence and expert support.