Driving while Suspended - Traffic Law Experts

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.