Driving while disqualified
Get expert help for serious traffic charges
Driving a vehicle while disqualified is a serious offence with severe penalties, including imprisonment. Driver’s licence disqualification is also known as losing your licence. In other words, you can’t legally drive a vehicle.
If you’re charged with a driving while disqualified offence, imprisonment is a possible penalty, so we recommend you seek our legal advice immediately.
We’re leading traffic lawyers representing clients throughout South Australia. We offer affordable services and expert guidance with a reputation for achieving excellent client results.
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Frequently asked questions about careless or driving while disqualified
When can my driver’s licence be disqualified?
Your driver’s licence can be disqualified for several reasons, including:
- Exceeding your demerit points limit
- Being issued with an instant loss of licence (ILOL) after a traffic offence
- Breaching a good behaviour option, safer driver agreement or licence appeal conditions;
- A Court deciding to disqualify your licence.
If you have unpaid fines, the
If you’re facing a charge of driving while disqualified, contact us to find out how we can help.
What’s the difference between driver’s licence disqualification and suspension?
Driver’s licence disqualification and suspension are two different things.
Disqualification
Disqualification happens when your driver’s licence is cancelled. The police or a Court can disqualify your licence, usually for more serious traffic offences (see above: “When can my driver’s licence be disqualified?”).
Driving a vehicle without a valid driver’s licence is an offence.
After the disqualification, you must reapply for your driver’s licence.
Suspension
On the other hand, a driver’s licence suspension can be imposed by a government body, for example, the South Australian Fines Enforcement and Recovery Unit (also known as the Fines Unit).
You must not drive a vehicle during the suspension period, but when the period ends, you’re allowed to drive again without applying for a new licence (provided your existing driver’s licence is still current).
Driver’s licence suspension can happen for many reasons, for example, non-payment of fines or debts.
If you’re facing a charge of driving while disqualified, contact us to find out how we can help.
What are the penalties for driving while disqualified?
Driving while disqualified is a serious offence, so the penalties are also serious:
- For a first offence, the maximum penalty is six months imprisonment. Other penalties may include fines and demerit points.
- For second and subsequent offences, the penalties are higher (meaning more prison time). Other penalties may include fines and demerit points.
However, sometimes the Court will decide that imprisonment is appropriate, even for a first offence.
South Australian laws don’t set out different penalties based on the type of disqualification. Instead, the Court will consider:
- The reasons for the licence disqualification, and
- Your understanding of the disqualification, and
- Your reasons for driving.
The Court will impose higher penalties in some circumstances. For example, if you knew you were disqualified but decided to drive for convenience rather than necessity (such as in an emergency). This type of driving is regarded as “contumacious,” which means you deliberately and defiantly committed the offence. It also means that imprisonment is a real possibility.
However, depending on how serious the Court considers the offending, it may decide to:
- Fully or partially suspend a prison sentence
- Order that you serve your sentence on home detention. This means you must always stay at home except for specific reasons, for example:
- Going to paid employment
- In a medical emergency, or
- For other activities that the Court or the home detention officer must approve.
- Send you to prison to serve the sentence.
There is no mandatory licence disqualification for the offence of driving while disqualified. However, the Court can decide to order a licence disqualification.
If you’re facing a charge of driving while disqualified, contact us to find out how we can help.
What are the defences to a charge of driving while disqualified?
It’s difficult to defend a charge of driving while disqualified.
However, there is a defence of honest and reasonable mistake of fact. To establish this defence, you must be able to show more than simply being unaware that your licence was disqualified (although this can be used during the sentencing process if you plead guilty). You must prove that:
- You had an honest belief that your driver’s licence was valid, and
- Your belief was reasonable.
If you’re facing a charge of driving while disqualified, contact us to find out how we can help.
How we can help
You need legal advice if you’ve been charged with driving while disqualified. Most Magistrates will encourage you to get legal advice before you enter a plea because of the severe penalties, which often include imprisonment.
As leading South Australian traffic lawyers, we’re skilled at defending these charges, and we’re known for our expertise and excellent results. Even in situations where it’s inevitable that you’ll be found guilty, we know what evidence is needed to minimise the penalty. Combined with our excellent knowledge of traffic and sentencing legislation and case law, these are the things that can make an enormous difference to the outcome of your case.
Get in touch to learn more about how we can help