For Unlicensed driving offences you need an expert traffic lawyer for your case. Our criminal and traffic lawyers know how to get you the most lenient sentence including having no conviction recorded. We also use defences that can lead to not guilty acquittals.
Our criminal lawyers fight for you because we know how unfair it is losing your employment because the court takes your licence away. We know that having a licence to travel to and from work means there is enough time to kiss your kids’ goodbye in the morning and tuck them in before bed. We believe that prison is always last resort. Because we know the law and understand your predicament, we are relentless in our defence of clients charged with Driving while suspended or disqualified.
If you intend to plead guilty, our criminal lawyers have a proven track record of not only keeping our clients out of jail but also in some cases having no conviction recorded.
How do I beat a charge of Driving unlicensed?
In order to be convicted of this offence, the police will need to prove beyond reasonable doubt:
- You drove a motor vehicle; and
- You were unlicensed.
Honest and reasonable mistake of fact is a defence to a charge of Driving while unlicensed. The defence will be enlivened where you had an honest and reasonable belief in a state of affairs which, if they existed, would make your act an innocent one. For example, you were in homeless at the time the letter notifying you of your suspension was sent to you and you did not receive it. In that circumstance you would have had an honest and reasonable belief that it was legal for you to drive.
Penalties for Driving while unlicensed
The maximum penalties for driving unlicensed vary depending upon whether you have ever held a licence. The penalty for driving unlicensed where you have previously been licenced is a fine of $2,200.00. There is no disqualification.
For a second offence, if you have never held a licence, the maximum penalty increases to a fine of $3,300 and/or six months imprisonment. There is an automatic disqualification of 12 months, which our criminal lawyers can try and reduce to the minimum of three months.
Our criminal lawyers have a proven track record of not only keeping our clients out of prison but also having Driving whilst suspended or disqualified dealt with by way of section 10. This means there will be no disqualification and you will have no criminal record.
You can read about all the sentencing options that a court has, including having no conviction recorded.
What will my traffic lawyer do to prepare my case?
To prepare your case to the highest standard and speak on your behalf, evidence supporting submissions on the above factors are usually supplied to your traffic lawyer and then tendered to the court. Examples of evidence that may assist in an Appeal includes:
- Certificate of completion of the Traffic Offenders Program.
- References from employers, family members and health professionals stating why you have a need for a driver’s licence e.g. for work, to pick up and drop off children from school, a chronic back condition, etc.
- Employment contracts stating that having a driver’s licence is a condition of employment.
- Medical documentation about any medical conditions you or members of your family have.
- Trip planner documents showing geographic isolation or unavailability of public transport from your residential address to your place of employment.
- A letter of apology or affidavit stating what happened.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. To find out more about how to write a good reference, click here.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Driving unlicensed offences, including no convictions. For these offences, a good lawyer can be the difference between a conviction and no criminal record, losing your licence or keeping it, and freedom or jail. To read more about Australian Criminal Law Group, click here.
To discuss your Driving while unlicensed charge, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.
AC Law Group represented a young woman charged with Drive whilst disqualified. At the time our solicitor appeared for her she had been sentenced (unrepresented) for two other drive whilst disqualified offences in prior months and was disqualified for five years. Our solicitor appealed all her sentences to the District Court obtaining leave from the judge to appeal on the basis that the client was unrepresented. At District Court appeal, the homelessness, mental health and need for a licence of the client was raised and all three charges of Drive whilst disqualified were dismissed pursuant to section 10 and there was no disqualification.
AC Law Group appeared for a client who had five prior drive whilst disqualified offences on his record but had not offended in three years. He came to our firm having committed the offences of Drive whilst disqualified and street racing. Shortly before driving and committing the fresh offences, the client had witnessed a shooting. The Magistrate accepted this triggered the onset of depression and was a contributing factor in impairing his judgement when his friends encouraged him to street race to cheer him up. The Magistrate dismissed both charges pursuant to section 10.