Driving While Suspended Lawyers Sydney
- Expert Suspended Licence Defence
- Avoid Licence Disqualification
- Avoid a Criminal Record
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Expert Driving While Suspended Defence To Protect Your Licence & Record
Being charged with driving while suspended in NSW is a serious criminal offence with severe consequences.
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our specialist traffic lawyers provide the expert legal defence you need. Our goal is to build a robust defence strategy to achieve the best possible outcome, whether that’s having the charge withdrawn, or persuading the court to grant a non-conviction order to protect your licence and record.
We provide specialist legal advice and representation for all driving whilst suspended cases, including:
- Penalties for Driving While Suspended
- Defences for a Suspended Driving Charge
- RMS Demerit Point & Fine Default Suspensions
- Police Immediate Licence Suspensions
- Appealing a Licence Suspension
- Pleading Guilty & Avoiding Conviction
What is the "Driving Whilst Suspended" Offence in NSW?
In NSW, the offence of driving whilst suspended is defined under the Road Transport Act 2013 (NSW). It is a serious traffic offence that occurs when you operate a motor vehicle on a road while your driver’s licence has been suspended by the Roads and Maritime Service (RMS) or the police.
A licence suspension can happen for several reasons, including:
- Accumulating too many demerit points.
- Exceeding the speed limit by more than 30 km/h.
- An immediate police suspension for a serious driving offence like drink driving.
- Non-payment of outstanding fines.
Because this is a “strict liability” offence, the prosecution does not need to prove you intended to break the law. However, they must prove that you were the person driving and that your licence was suspended at the time. Being charged can be a stressful experience, particularly as you can be found guilty even if you were unaware of the suspension. This makes seeking expert legal advice from a traffic lawyer essential to protect your rights.
Penalties for Driving While Suspended in NSW
Understanding the potential penalties for a driving while suspended charge in NSW is critical. The consequences are severe and are designed to deter drivers from getting behind the wheel while their licence is suspended. A conviction for this traffic offence will result in a criminal record, which can impact your employment and future.
The penalties for driving whilst suspended are outlined in the Road Transport Act 2013 (NSW) and escalate significantly if you have a prior major traffic offence on your record within the last five years. Our expert traffic lawyers are dedicated to helping you navigate the court process to minimise these penalties and protect your driving licence.
Penalties for a First Driving While Suspended Offence
If this is your first major traffic offence within a five-year period, the court can impose the following penalties:
| Maximum Fine | Maximum Gaol Term | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|---|
| $3,300 | 6 months | 6 months | 3 months |
Penalties for a Second or Subsequent Offence
The penalties for the offence of driving while suspended are far more severe for a second or subsequent major traffic offence.
| Maximum Fine | Maximum Gaol Term | Automatic Licence Disqualification | Minimum Licence Disqualification |
|---|---|---|---|
| $5,500 | 12 months | 12 months | 6 months |
It Is Possible to Avoid a Conviction & Disqualification
An expert driving while suspended lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can prepare a thorough and persuasive case to argue for a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order.
This allows the court to find you guilty but dismiss the suspended charge without recording a criminal conviction, saving your licence and your record.
What if I Didn't Know My Licence Was Suspended?
This is one of the most common situations we encounter. Often, the only notification of a licence suspension is a letter sent by the RMS to your last known address. If you did not receive this notice, you may have a defence.
This is known as an “honest and reasonable mistake of fact.” To succeed with this defence, we must persuade the court that you held an honest belief that you were lawfully entitled to drive, and that this belief was reasonable in all the circumstances. This can be a complex legal argument to win, as the court will closely examine why you held that belief.
Even if this argument does not result in a complete acquittal, explaining to the court that you genuinely did not know about the suspension can be a powerful factor in mitigation. It can help reduce the severity of your penalty and is a critical part of building a persuasive case.
Pleading 'Not Guilty' to a Driving While Suspended Charge
If you choose to plead ‘not guilty’, the matter will be set for a defended hearing. At the hearing, the prosecution is required to prove every element of the driving while suspended charge beyond a reasonable doubt. Our role as your defence lawyer is to challenge the prosecution’s evidence and raise all available legal defences.
A strong legal defence may be available if:
- You were not the driver: The prosecution cannot prove you were the one operating the vehicle.
- The suspension was invalid: There were procedural errors in how the suspension was issued.
- Honest and Reasonable Mistake: You genuinely and reasonably believed your licence was not suspended.
- Necessity or Duress: You were forced to drive due to an extraordinary emergency or threat of serious harm.
An experienced traffic lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers will meticulously analyse the evidence against you and advise you on your prospects of success. A carefully prepared ‘not guilty’ plea gives you the best possible chance of having the charge dismissed and avoiding a conviction.
Pleading 'Guilty' to a Driving While Suspended Charge
Pleading guilty to a driving while suspended charge does not mean you will automatically face the maximum penalty. In fact, a well-prepared plea in mitigation can significantly improve your outcome. When you plead guilty, the focus of the court hearing shifts from determining your guilt to deciding on the appropriate sentence.
Our experienced traffic lawyers will present a thorough and persuasive case on your behalf to the magistrate. We aim to reduce the penalty by:
- Explaining the circumstances: We tell your side of the story and explain why you made the mistake of driving.
- Gathering character references: We obtain powerful references from employers, family, and community members to show your good character.
- Demonstrating the impact of a conviction: We show the court how a licence disqualification and criminal record would affect your employment, family, and personal life.
- Completing a Traffic Offenders Program: We will guide you to enrol in an approved program to demonstrate your commitment to road safety.
Our primary goal is to persuade the court to exercise its discretion and grant you a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order. If successful, you will not receive a criminal record, and your licence will not be disqualified.
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When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
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We have a history of winning complex traffic law cases. Our focus is on achieving the best possible outcome in dangerous driving cases, whether that involves having the charge dropped early, securing a ‘not guilty’ verdict, or protecting our clients' driving licences.
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Our senior lawyers have over 40 years of combined experience, specialising exclusively in criminal and traffic law. This deep knowledge of dangerous driving laws and courtroom procedure gives your legal defence a significant advantage when facing a serious criminal offence.
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We offer a free initial Strategy Session to assess your dangerous driving charge and outline your options. Our team is available 24/7 because we know that when you are charged with a dangerous driving offence, immediate legal advice is crucial.
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FAQs
What is the offence of driving while suspended in NSW?
Driving while suspended is a serious traffic offence under the Road Transport Act 2013 (NSW). It occurs when you operate a motor vehicle on a public road after your licence has been suspended by the Roads and Maritime Service (RMS) or the NSW Police.
What are the penalties for driving while suspended?
For a first offence, penalties include a maximum fine of $3,300, a potential 6-month gaol term, and a licence disqualification of 3-6 months. For a second or subsequent offence, these increase to a $5,500 fine, a 12-month gaol term, and a disqualification of 6-12 months.
Can I go to gaol for driving whilst suspended?
Yes. For a first offence, the maximum penalty includes imprisonment for up to 6 months. For a second or subsequent major traffic offence within five years, the maximum gaol term increases to 12 months.
Will I get a criminal record for a suspended driving charge?
Yes, if you are convicted of driving while suspended, you will receive a criminal record. This can have serious consequences for your employment and future. However, it is possible for a court to deal with the matter without recording a conviction.
How can I avoid a conviction for driving while suspended?
An experienced traffic lawyer can make a persuasive argument for the court to grant a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order. If successful, you are found guilty but no conviction is recorded, you keep your licence, and you avoid a fine.
What if I didn’t know my licence was suspended?
You may have a defence of “honest and reasonable mistake of fact.” This is a complex legal argument where you must prove you had an honest and reasonably held belief that you were entitled to drive. Success often depends on the specific circumstances and requires expert legal representation.
Why would my licence be suspended?
A licence can be suspended by the RMS or police for several reasons, including accumulating too many demerit points, non-payment of fines, exceeding the speed limit by more than 30 km/h, or an immediate suspension for a serious offence like high-range drink driving.
What is the difference between a licence suspension and a disqualification?
A suspension is a temporary stop on your driving privileges, usually issued by the RMS or police, after which your licence becomes valid again. A disqualification is a more serious penalty imposed by a court, which cancels your licence entirely. You must reapply for a new licence after the disqualification period ends.
What should I do if I’m caught driving with a suspended licence?
You should seek immediate legal advice from an experienced traffic lawyer. A lawyer can explain your rights, assess the strength of the police case, identify any available defences, and provide a clear strategy for achieving the best possible outcome in court.
Are there any defences to a driving while suspended charge?
Yes. Potential defences include proving you were not the driver, the suspension was legally invalid, you were acting under duress or out of necessity in an emergency, or you made an honest and reasonable mistake of fact.
Should I plead guilty or not guilty?
The right plea depends entirely on the evidence against you and whether you have a valid legal defence. An experienced lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can provide expert legal advice on the best course of action after reviewing your case.
What happens if I plead guilty to driving whilst suspended?
If you plead guilty, the matter proceeds to sentencing. Your lawyer will present a plea in mitigation to the court, arguing for leniency based on your character, your need for a licence, and the circumstances of the offence, with the goal of minimising the penalty.
Are the penalties different if my licence was suspended for unpaid fines?
Yes. For a first offence of driving while suspended due to fine default, there is no risk of imprisonment, and the automatic disqualification period is 3 months (reducible to 1 month). For a second offence, the penalties are more severe, including a potential gaol term.
Can I appeal an immediate police licence suspension?
Yes, you have the right to appeal an immediate suspension in the Local Court. You must file the appeal within 28 days. These are difficult applications to win, as you must show “exceptional circumstances” to justify getting your licence back before your court date.
What does a “second or subsequent offence” mean?
This refers to being found guilty of another major traffic offence within the previous five years. Major traffic offences include driving while suspended or disqualified, drink driving, dangerous driving, and other serious offences under the Road Transport Act 2013 (NSW).
Do I have to go to court for a suspended driving charge?
Yes. Driving while suspended is a criminal offence, not a simple traffic ticket. You will be issued with a Court Attendance Notice and you must appear before a Magistrate in the Local Court.
How can a lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers help my case?
Our expert traffic lawyers will meticulously analyse your case, provide clear legal advice on your options, build a strong defence strategy, and provide powerful representation in court. We aim to protect your licence, avoid a criminal conviction, and minimise any penalties.
What is the Traffic Offenders Intervention Program (TOIP)?
The TOIP is an educational course approved by the court. Completing the program shows the court that you are taking the offence seriously and are committed to improving your understanding of road safety, which can be a powerful factor in obtaining a more lenient sentence.
What is the automatic period of disqualification for driving while suspended?
For a first offence, the automatic disqualification is 6 months. For a second or subsequent offence, it is 12 months. A magistrate has the discretion to reduce these periods to a minimum of 3 months and 6 months, respectively.
Can I drive after being charged but before my court date?
No. If your licence has been suspended, it remains suspended until the suspension period ends or is overturned by a court. Driving at any time during the suspension period is illegal and can lead to you being charged again.
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