Driving whilst disqualified is a traffic offence in New South Wales. Driving on public roads with a suspended or disqualified license is illegal and is a serious traffic offense punishable by the traffic law. Driving whilst disqualified is committed by any person who persists to drive on public roads after the disqualification or suspension of license.
A person’s license may be disqualified by being convicted with a traffic offense or reaching the threshold of demerit points. The penalty of driving while disqualified may be a fine or imprisonment term depending on the number of times the traffic offence is committed.
The penalties for first time offenders may be a fine of $3,300.00 (maximum), disqualification, mandatory disqualification of 12 months or maximum gaol term of 18 months, or combination of any. For subsequent offenders within 5 years, the court may impose further disqualification, a maximum fine of $5,500.00, mandatory disqualification period of two years or maximum gaol term of two years. Habitual offenders are seriously dealt with by the courts. Many habitual offenders who are convicted with this offense have paid maximum penalties or receive prison sentence.
First time offenders however may have good chances not to be convicted of a traffic offense depending on the representation made before the court. Under Section 10 of the of the Crimes (Sentencing Procedure) Act 1999, first time offenders may not be convicted but they may only liable for certain penalties.
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Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.