What is driving whilst suspended/disqualified?
Driving whilst suspended or disqualified is a serious offence. Many people in the community do not appreciate how harshly courts can deal with repeat offenders. Where a person has continually ignored court orders and repeatedly offended, most magistrates will sentence that person to a term of imprisonment. In terms of your driver’s licence, for a first offence a person will typically be disqualified for one year. For each additional offence, a person is in most cases disqualified for a further two years. In other words, three offences can see you without a licence for many years with no avenue to appeal. It is important to instruct a criminal lawyer for these offences or they may haunt you for a very long time.
|Offence||Default period of disqualification||Minimum period of disqualification|
|1||Section 53 (3)–second or subsequent offence (Driver never licensed)||12 months||3 months|
|2||Section 54 (1), (3) or (4)–first offence (Driving while disqualified, suspended or after licence refusal or cancellation)||6 months||3 months|
|3||Section 54 (1), (3) or (4)–second or subsequent offence||12 months||6 months|
|4||Section 54 (5)–first offence (Driving after licence suspended or cancelled for non-payment of fine)||3 months||1 month|
|5||Section 54 (5)–second or subsequent offence||12 months||3 months|