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.  

We’re here to help


    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.