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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.

Free Initial Consultation

We understand the importance of an initial assessment, which is why we offer free consultations to discuss the specifics of your case.

Expert Defence Strategies

We craft meticulous defence strategies aimed at securing favourable outcomes, including aiming and securing Section 10 dismissals & non-convictions.

Unwavering Support and Guidance

Unwavering support and guidance from the beginning to the resolution of your case, ensuring you are informed and empowered throughout.

Negotiation Expertise

Our extensive knowledge on dealing with the prosecution has allowed us to develop expert negotiation strategies that will tip the scales in our favour.

Direct Access to Senior Criminal Lawyer

Direct access to a senior criminal lawyer who will oversee your case. Ensuring your matter is handled with the utmost expertise and attention it deserves.

Fixed Fees and Transparent Pricing

We believe in transparency. Our firm operates on fixed fees, providing clarity on costs from the outset. Eliminating any unexpected financial burdens.

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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.

Offence Type

Penalties

First Offence

Fine up to $3,300.00, imprisonment for up to 6 months, or both. Disqualification period of an additional 6 months

Second or Subsequent Offence

Fine up to $5,500.00, imprisonment for up to 12 months, or both. Disqualification period of an additional 12 months.

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.

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Meet Our Team

Ahmad Faraj

Mr. Ahmad Faraj is a senior criminal lawyer and the principal of Faraj Defence Lawyer. Ahmad is a highly accomplished lawyer in New South Wales, specialising in both criminal and traffic law matters.

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Chanel Joseph

As a paralegal at Faraj Defence Lawyer, Chanel specializes in assisting with criminal and traffic law matters, working closely with both criminal lawyers and our clients to help receive the best results.

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Have a question?

Frequently Asked Questions

Faraj Defence Lawyers is a Sydney based law firm specialising in criminal and traffic law matters.

02 7813 0950

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What is the difference between having your license suspended and disqualified?

The key difference between a suspended and disqualified licence lies in their origins and implications. A suspension is typically imposed by administrative authorities, such as the Roads and Maritime Services (RMS), due to accumulating demerit points, unpaid fines or medical reasons. Whereas, a disqualification is a court-ordered sanction resulting from serious traffic offences such as drink driving or dangerous driving. A disqualified driver is legally prohibited from driving for a specified period as mandated by the court, whereas a suspension can sometimes be lifted or appealed through administrative procedures.

If I am convicted of driving while disqualified will it show on my criminal record?

Yes, a conviction for driving while disqualified will appear on your criminal record. This can have significant implications for employment, travel, and other aspects of your life. It is essential to seek legal representation to potentially mitigate these consequences. Faraj Defence Lawyers can help you understand your options and work towards minimising the impact on your record.

What does a subsequent offence mean?

A subsequent offence refers to any additional violations of the same or similar nature committed after a previous conviction. In the context of driving while disqualified, it means being caught driving again after a prior conviction for the same offence. Penalties for subsequent offences are typically more severe, including longer disqualification periods, higher fines, and longer imprisonment terms.

Can I appeal to remove a license disqualification because I need my license for work?

Yes, you can appeal to have your licence disqualification removed or reduced if you can demonstrate that you need your licence for work. The process involves filing an application with the court and providing evidence of your employment needs and any hardship caused by the disqualification. Faraj Defence Lawyers can assist you in preparing and presenting a strong case to the court, ensuring all necessary documentation and arguments are in place to support your appeal.

How do I avoid conviction for driving with a disqualified license?

One possible way to avoid a conviction for driving with a disqualified licence is through a Section 10 dismissal or a Conditional Release Order (CRO). Under Section 10 of the Crimes (Sentencing Procedure) Act 1999, the court can decide not to record a conviction, provided certain conditions are met. The court considers factors such as the nature of the offence, your character, age, health and any extenuating circumstances. Faraj Defence Lawyers can help present a compelling case to the court, emphasising these factors to achieve the best possible outcome for you.

Can you go to jail for driving whilst disqualified in NSW?

Yes, repeat offenders or cases involving dangerous driving can result in imprisonment of up to 6 months for a first offence and up to 12 months for subsequent offences. Court takes disqualified driving seriously, as it shows a disregard for previous court orders.

Driving Whilst Disqualified | NSW Traffic Lawyers

If you’ve been charged with driving whilst disqualified, our experienced NSW traffic lawyers can help. With a strong track record of achieving favourable outcomes, we offer a free initial consultation to guide you through your options and defend your case.