Unlicenced Driving
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Whilst it is commonly known that you must hold a valid driver licence in order to drive on Queensland roads, it is a charge which is commonly before the Magistrates Courts. That being said, being charged with disqualified driving is considered to be one of the most serious traffic offences in Queensland, and particularly one which is looked down upon by the Courts. As such, it is imperative that you obtain legal advice before your Court appearance as the consequences of pleading without knowing the potential outcomes can land you in hot water.
What is the difference between license suspension and disqualification?
A licence suspension occurs when your licence has been suspended administratively rather than by an order of the Court. A person’s licence can be suspended for a number of reasons, namely;
- You have unpaid fines imposed by a Court;
- You have been suspended due to unpaid fines held by the State Penalties Enforcement Registry (SPER);
- You have incurred excess demerit points on your traffic history;
- You have been convicted for driving more than 40km/h over the speed limit;
- You have been charged with a mid or high range blood alcohol concentration and am awaiting your matter to be dealt with in Court;
- You have been charged with fail to provide police with a specimen of breath or saliva when required and am awaiting your matter to be dealt with in Court;
- You have been charged with a low level drink driving offence while an earlier such charge is still pending in Court;
- You have been charged with a drug driving offence while an earlier such charge is still pending in Court;
- You have been charged with dangerous operation of a motor vehicle whilst adversely affected by an intoxicating substance (alcohol or drugs) and am awaiting your matter to be dealt with in Court;
- You have been charged with driving a motor vehicle while your driver licence was already suspended or disqualified and am awaiting your matter to be dealt with in Court.
In comparison, a licence disqualification occurs when the Court orders that a person shall lose their licence as a result of receiving a conviction for a traffic offence. The Court usually orders a disqualification for a range of traffic charges, particularly, drink driving, drug driving, failing to provide a specimen, driving unlicensed and dangerous driving among other charges. As the Court has disqualified your licence to drive, if you are found to be driving whilst your driver licence is disqualified, this is considered to be an aggravator by the Court and you will be faced with a higher sentence accordingly.
Are there any defences to suspended or disqualified driving?
Whilst there are very limited defences to suspended or disqualified driving, there are circumstances where a charge can be successfully fought and result in charges being dismissed. Driving as a result of necessity or emergency where there are no other available means, such as driving to hospital to receive emergency care or to flee violence, driving in an area which is not a road and driving under duress are all recognised defences to driving whilst suspended or disqualified. We recommend that you should always seek advice from a traffic lawyer regarding your personal circumstances as no legal advice is one size fits all.
Are there any defences to suspended or disqualified driving?
Whilst there are very limited defences to suspended or disqualified driving, there are circumstances where a charge can be successfully fought and result in charges being dismissed. Driving as a result of necessity or emergency where there are no other available means, such as driving to hospital to receive emergency care or to flee violence, driving in an area which is not a road and driving under duress are all recognised defences to driving whilst suspended or disqualified. We recommend that you should always seek advice from a traffic lawyer regarding your personal circumstances as no legal advice is one size fits all.
I have been charged with driving whilst unlicensed or while my license is suspended, what's next?
Driving whilst your licence is suspended, also known as unlicensed driving, can result in serious further licence disqualifications should you be found guilty. Ordinarily, if sentenced, the Court must issue a mandatory licence disqualification as well as significant fines and even imprisonment. Under certain circumstances, aggravating factors such as being demerit point suspended, being subject to an immediate suspension or being subject to a mandatory period of suspension must be taken into account and will result in increased disqualification periods.
Information on Charges
The table on the Unlicensed Driving Charges Page can provide a general indication of the sentence outcomes and related information for Unlicensed Driving Charges.
I have been charged with driving whilst my licence is disqualified, what’s next?
If you are found to be driving whilst disqualified, the Court must impose a harsher sentence than if you were suspended from driving. Particularly, when a person is found to be driving whilst their licence has been disqualified by an order of the Court, the matter is considered to be an extremely serious charge before the Court. Dependent upon the circumstances of the offending, your traffic history and personal circumstances, a range of penalties could apply. Given the long period of mandatory licence disqualification as well as hefty fine or period of imprisonment that can apply, it is essential that you obtain legal advice on your situation before proceeding your Court matter. Not doing so, could have disastrous consequences on not only your freedom to drive, but even upon your liberty.
Court Ordered Disqualification
Mandatory Period of Disqualification
2 years mandatory, can be ordered for up to 5 years
Maximum Penalty
$8,007.00 or eighteen (18) months imprisonment
At TWC Lawyers, we can give you advice on the best way to progress your matter to either fight the charge or put you in the best possible position prior to sentence to get you the outcome which will allow you the most freedom possible.
Am I eligible for a work license or special hardship order?
If you are charged with driving whilst your licence is suspended or disqualified, you will not be eligible to apply for either a work licence or special hardship order. As a result of this, it is imperative that when dealing with your charge of unlicenced or disqualified driving, that you engage legal representation to fully understand the potential outcomes prior to you stepping in the Courtroom and to ensure that you receive the lowest possible sentence for your circumstances.
My licence was incorrectly suspended and I drove, can I still be charged with driving whilst on a suspended licence?
Unfortunately, even though your licence might have been incorrectly suspended at the time, to drive despite this, still qualifies as a driving whilst suspended and is not in fact a defence to the charge. Even if the Department of Transport later removes the suspension once the error is brought to their attention, it is not retrospectively removed. This means that even if the suspension is corrected, you will still have been lawfully suspended during the period up to the time which it was reinstated. As such, you will ultimately be guilty of driving whilst your licence is suspended and the usual mandatory disqualification period and penalties will be ordered by the Court.
I have served my period of mandatory disqualification I received as a result of my charge of driving whilst suspended/disqualified, can I drive right away?
Once you have served the period of licence disqualification which was ordered by the Court you must first reapply for your licence at Queensland Transport. If you do not do so, and decide to drive anyway, you can be charged further with driving unlicenced and will be required to serve additional periods of licence disqualification on top of that which you have just completed.
Don't take your chances! Contact the experts.
Given the seriousness of these consequences, we recommend that you engage an experienced traffic lawyer in order to provide you with advice on the best way to progress your matter, advocate for you in Court, and get you the best possible outcome.