Caught Driving while your license is disqualified?

Driving with a disqualified licence is a serious offence and should be avoided at all costs. It is important to remember that driving while disqualified is illegal and can result in severe penalties. However, if you find yourself caught and charged with this offence, it is crucial to seek legal representation to ensure you receive the best possible outcome for your case.

At Faraj Defence Lawyers, we understand that this situation can occur due to unavoidable circumstances and this is not uncommon. In this case, our team is here to offer the support and guidance you need, we have successfully represented many clients in similar situations, helping them achieve favourable results. We are committed to providing you with the best defence and ensuring your rights are protected.

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.

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What is the offence of Driving While Disqualified?

Driving while disqualified is a serious offence under the Road Transport Act 2013 (NSW). This offence occurs when an individual drives a vehicle on a road while their licence is disqualified due to a court order. It is distinct from driving unlicenced, which means driving without ever having obtained a valid licence, and driving while suspended, which occurs when a licence is temporarily revoked.

According to section 54 of the Road Transport Act 2013, a person must not: 

• Drive on a road during the period of disqualification, or

• Make an application for a driver’s licence during the period of disqualification and provide false or incorrect information or omit to mention the disqualification.

Driving while disqualified can result in severe penalties, including fines, imprisonment, and extended disqualification periods. It is essential to seek legal representation to navigate the complexities of this offence and ensure the best possible outcome.

What are some reasons for having your license disqualified?

A driver’s licence may be disqualified due to convictions for various dangerous driving offences. Common reasons to have your licence disqualified include; driving while under the influence of alcohol or drugs, negligent driving, and excessive speeding. 

These offences pose significant risks to public safety and are treated seriously by the courts. Each offence carries specific penalties including mandatory disqualification periods, to deter unsafe driving behaviours.

How can I avoid being charged with Driving While Disqualified?

Avoiding a charge of driving while disqualified involves adhering to the court’s disqualification order and not driving under any circumstances during this period. Understanding the conditions and ensuring compliance is crucial.

If you must travel, explore alternative transportation options such as public transport, ride-sharing services, or getting assistance from family and friends. If caught driving while disqualified, it is important to know what the prosecution must prove to secure a conviction.

What must the prosecution prove?

To be found guilty of driving while disqualified, the prosecution must establish three key elements beyond a reasonable doubt:

• 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. 

Additionally, the prosecution must prove you were aware of the disqualification and knowingly violated the court’s order. Without satisfying these elements, a conviction cannot be secured. Faraj Defence Lawyers can help challenge these points and provide a robust defence to protect your rights and interests.

Possible defences to driving with a disqualified license?

Several defences can be raised against a charge of driving while disqualified, these include:

• Lack of knowledge – You were unaware of the disqualification 

• Mistaken Identity – You were not the person driving the vehicle and the Prosecution have mistaken you for someone else.

• Emergency Situations – You drive due to an immediate and severe emergency and there was no other option of transportation. 

• Invalid Disqualification – The original court order disqualifying the licence was invalid or improperly issued.

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.

What are the penalties for Driving while Disqualified?

While driving disqualified carries serious penalties that increase with the subsequent offences. The penalties can include fines, imprisonment, and extended disqualification periods. The table below outlines potential penalties

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 

Faraj Defence Lawyers are expert traffic lawyers dedicated to achieving the most favourable outcome for you. With a commitment to providing the best legal representation, we ensure your rights are protected and work towards minimising the impact of the charges on your life.

How can Faraj Defence Lawyers help?

Faraj Defence Lawyers can assist you in navigating your options when defending a charge of Driving While Disqualified. You have two primary options: plead guilty or plead not guilty. Our experienced team will discuss the strengths and weaknesses of your case, guide you though the legal process, and develop a robust defence strategy tailoured to your situation. Whether negotiating a more lenient penalty, or contesting the charge in court, we are committed to achieving the best possible outcome for you.

Assisting you if you decide to plead not guilty

If you decide to plead not guilty to a charge of Driving While Disqualified, we’ll assist you in building a solid defence strategy. Our experienced team meticulously reviews all evidence, identifying inconsistencies or weaknesses in the prosecution’s case. We represent you in court, presenting compelling arguments and evidence to support your defence. Our goal is to break down the prosecution’s case, challenge the validity of the charges, and work towards a favourable outcome for you. We are dedicated to protecting your rights and ensuring you receive a fair defence in court.

Assisting you if you decide to plead guilty

If you decide to plead guilty, we’ll work closely with you to achieve the most favourable terms following your sentence. We will assist in gathering character references and drafting apology letters to present to the court. Our team will negotiate with the prosecution to seek reduced penalties and more lenient terms. Participating in a Traffic Offenders Program can demonstrate your commitment to rehabilitation and assist in being provided with a more lenient sentence. Additionally, an early guilty plea results in a 25% discount on your sentence, where the court shows more leniency to you. Our aim is to minimise the impact of the sentence on your life.

Book a free consultation with our Expert Traffic Lawyers today

Seeking legal representation is crucial if you are charges or accused of driving while disqualified. Faraj Defence Lawyers provide expert legal advice and defence, ensuring you understand your rights and options. Our experienced team is dedicated to achieving the best possible outcome for your case. 

If you have been charged with driving while disqualified, contact us today. You can call our office, book an initial consultation or email us. Let Faraj Defence Lawyers help you navigate this challenging time with expert legal support.