Driving Suspended/Disqualified

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

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