Driving while Suspended, Disqualified or Cancelled

Driving while Cancelled

Driving while cancelled can result in a further loss of licence.

Our trusted lawyers understand the difficulty of facing more time off the road. We will work with you to prepare a strong case, and get you the best possible outcome.

Why is my licence cancelled?

The RMS automatically cancels your licence after a court orders that your licence is disqualified. This means that you must renew your licence with the RMS when your disqualification period ends. If you resume driving before renewing your licence, you will be committing an offence.

Will I get a criminal record?

In short, a conviction for driving with a cancelled licence will appear on your criminal record.

However, conditional release order without conviction can be imposed. The court will consider a range of factors before imposing this sentence. For example:

  • The circumstances of the offence
  • Your criminal history
  • Your traffic history
  • And your personal circumstances.  

Will I lose my licence?

Your licence will be disqualified if you are convicted.

Generally, the automatic disqualification period will apply. However, certain factors can reduce this period. For example, your need for a licence or completion of the Traffic Offenders Program. However, the time spent off the road can’t be less than the minimum period.

Penalty for Driving whilst Cancelled

The maximum penalty varies depending on whether the charge is a first offence, or a second or subsequent offence

First offence

  • Maximum fine of $3,300
  • Maximum term of imprisonment of 6 months
  • Automatic disqualification period of 6 months
  • Minimum disqualification period of 3 months 

Second or subsequent offence

  • Maximum fine of $5,500
  • Maximum term of imprisonment of 12 months
  • Automatic disqualification period of 12 months
  • Minimum disqualification period of 6 months 

However, a conditional release order or a community corrections order are common for this charge.

We can help 

Our lawyers are committed to providing you with high quality legal representation. In addition, we ensure your consulted every step of the way.

Contact us today on 0421 700 497 for a free initial consultation. 

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Driving while Disqualified

Your licence can be disqualified by a court when you are convicted for a traffic offence. Driving while disqualified is therefore considered a serious offence, because by driving you are disobeying a court order.

Will I get a criminal record?

In short, a conviction for driving with a disqualified licence will appear on your criminal record.

However, a conviction can be avoided if you receive a conditional release order without conviction. The court will consider a range of factors before imposing this sentence. For example:

  • The circumstances of the offence
  • Your criminal history
  • Your traffic history
  • And your personal circumstances.  

Will I lose my licence?

A period of disqualification will be given, if you are convicted.

Generally, the automatic disqualification period will apply. However, certain factors can reduce this period. For example, your need for a licence or completion of the Traffic Offenders Program. However, the disqualification can’t be less than the minimum period.

Penalty for Driving whilst Disqualified

The maximum penalties vary depending on whether the charge is a first offence, or a second or subsequent offence. However, a conditional release order or a community corrections order are common for this charge.

First offence

  • Maximum fine of $3,300
  • Maximum term of imprisonment of 6 months
  • Automatic disqualification period of 6 months
  • Minimum disqualification period of 3 months 

Second or subsequent offence

  • Maximum fine of $5,500
  • Maximum term of imprisonment of 12 months
  • Automatic disqualification period of 12 months
  • Minimum disqualification period of 6 months 

We can help 

We’re here to help you obtain the best possible outcome. Our lawyers are experts in representing offenders charged with traffic offences.

Contact us today on 0421 700 497 for a free initial consultation. 

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Driving while Suspended

Your licence can be suspended by police or the RMS for speeding, drink driving, loss of demerit points or medical reasons. If you then drive, you will be committing the offence of driving while suspended. We’ve answered some frequently asked questions below.

Will I get a criminal record?

In short, yes it is likely. A conviction for driving with a suspended licence will appear on your criminal record.

However, a conviction can be avoided if you receive a conditional release order without conviction. The court will consider a range of factors before imposing this sentence. For example:

  • The circumstances of the offence
  • Your criminal history
  • Your traffic history
  • And your personal circumstances. 
 

Will I lose my licence?

You’ll be required to serve a period of disqualification if convicted.

In most cases, the automatic disqualification period will apply. However, certain factors can reduce this period. For example, your need for a licence or completion of the Traffic Offenders Program. However, the disqualification can’t be less than the minimum period.

Penalty for Driving whilst Suspended

The penalties vary depending on whether the charge is a first offence, or a second or subsequent offence

First offence

  • Maximum fine of $3,300
  • Maximum term of imprisonment of 6 months
  • Automatic disqualification period of 6 months
  • Minimum disqualification period of 3 months 

Second or subsequent offence

  • Maximum fine of $5,500
  • Maximum term of imprisonment of 12 months
  • Automatic disqualification period of 12 months
  • Minimum disqualification period of 6 months 

We can help 

If you’ve been charged with driving while suspended, we’re here to help. Our commitment is to help you obtain the best possible outcome for your case.

Contact us today on 0421 700 497 for a free initial consultation. 

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