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.

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    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.