Driving Whilst Disqualified

A charge of driving whilst disqualified usually relates to a situation where an offender has previously been disqualified by the Courts for drink driving, dangerous driving or culpable driving and the driver is caught driving during a period of disqualification.

It can also relate to a situation where a driver has received an infringement notice in relation to drink driving or where a driver is suspended whilst unlicensed and consequently becomes disqualified (depending on the circumstances).

The Offence

A charge of driving whilst disqualified is set out in section 30 of the Road Safety Act 1986. It states that:

“A person must not drive a motor vehicle on a highway while the authorisation granted to him or her to do so under this part is suspended or during a period of disqualification from obtaining such an authorisation imposed by a court or by or under this act or the regulations”.

What the Prosecution must prove?

In order to satisfy a charge of Driving whilst disqualified, the police must prove beyond reasonable doubt that:

• The accused was driving or in charge of a motor vehicle; and
• The accused was suspended or disqualified from driving.

Possible Defences

The possible defence that the accused can use is that of honest and reasonable mistake of fact. The accused must exhibit:

• They were honestly not aware their licence was disqualified; and
• It was reasonable in the circumstances that they were not aware their licence was disqualified.

Penalties

If you have been charged and found guilty of Driving Whilst disqualified, the maximum penalties are:

• 240 Penalty units; or
• 2 years imprisonment.

Where will my case be heard?

Driving whilst suspended or disqualified cases will be heard in the Magistrates Court.