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Disqualified /
Suspended / Cancelled
There are number of ways in which you can be stripped of the right to drive, and a number of agencies that have powers to take your license; for instance, both the RMS and the Police have powers regarding suspension, while disqualification can only be ordered by the courts and cancellation can only be executed by the RMS.
Depending on the reason for your loss of license, and the agency which took it, there are a range of avenues for appealing and potentially reducing or eliminating your time off the road. The page on suspension appeals under the traffic offences section, and the page on conviction / severity appeals under the criminal offences section provide further information.
DRIVING WHILE
DISQUALIFIED
Only a court can disqualify you from driving. Because disqualification is a Court order (as opposed to a decision of the police or the RMS) driving while disqualified is generally treated more severely than the other offences on this page. While first time offenders are often dealt with leniently, repeat offenders can receive gaol sentences. If you are convicted the Court must impose a period of disqualification. This will be in addition to any existing period. If it is your first offence the minimum disqualification is 12 months. If it is your second offence, the minimum disqualification is 24 months.
The most common defence to this charge is ‘honest and reasonable mistake of fact.’ In order to determine whether this defence applies to your case, you should consult with an experienced defence lawyer.
Maximum penalty (1st offence): 18 months imprisonment / $3300 fine
Maximum penalty (2nd offence): 24 months imprisonment / $5500 fine
DRIVE WITH
LICENCE SUSPENDED
If you drive while your licence is suspended it is highly likely that you will be convicted and receive a period of disqualification. The most common defence to this charge is ‘honest and reasonable mistake of fact.’ In order to determine whether this defence applies to your case, you should consult with an experienced defence lawyer.
Maximum penalty (1st offence): 18 months imprisonment / $3300 fine
Minimum disqualification: 12 months
Maximum penalty (2nd offence): 24 months imprisonment / $5500 fine
Minimum disqualification: 24 months
DRIVE WITH
LICENCE CANCELLED
If you drive while your licence is cancelled it is highly likely that you will be convicted and receive a period of disqualification. The most common defence to this charge is ‘honest and reasonable mistake of fact.’ In order to determine whether this defence applies to your case, you should consult with an experienced defence lawyer.
Maximum penalty (1st offence): 18 months imprisonment / $3300 fine
Minimum disqualification: 12 months
Maximum penalty (2nd offence): 24 months imprisonment / $5500 fine
Minimum disqualification: 24 months
LICENCE SUSPENDED OR CANCELLED FOR NON-PAYMENT OF A FINE
If you drive while your licence has been suspended or cancelled for failure to pay a fine, it is very unlikely that you will be sentenced to gaol. If it is your first offence the most likely penalty is either a section 10 or a fine.The most common defence to this charge is ‘honest and reasonable mistake of fact.’ In order to determine whether this defence applies to your case, you should consult with an experienced defence lawyer.
Maximum penalty (1st offence): 18 months imprisonment / $3300 fine
Minimum disqualification: 3 months
Maximum penalty (2nd offence): 24 months imprisonment / $5500 fine
Minimum disqualification: 24 months