Driving Whilst Unlicensed/Suspended or Disqualified
Driving Unlicensed/Never Licensed
Driving without a valid licence is an offence under section 53 of the Road Transport Act 2013 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond reasonable doubt:
You drove a vehicle on any road without a valid licence or
You employed or permitted another person that does not have a valid licence to drive a vehicle on any road or
You drove a vehicle on any road, and you never held any type of driver’s licence.
Maximum Penalties
Defences
Some possible defences available to this charge can include:
Honest and Reasonable Mistake – you held an honest and reasonable mistaken belief that you had a valid licence. This was a reasonable belief considering all circumstances as determined by the court.
You were driving to seek help for a medical emergency.
Driving Whilst Licence is Disqualified, Suspended, or Cancelled
Driving while your licence is cancelled, suspended, or disqualified is an offence under section 54 of the Road Transport Act 2013 (NSW).
What Must the Prosecution Prove?
The Prosecution must prove these elements beyond a reasonable doubt:
You drove a motor vehicle during a period of disqualification or
You drove a motor vehicle of the class to which the cancelled driver's licence or the refused application related without having subsequently obtained a driver's licence for a motor vehicle of that class.
Maximum Penalties
Defences
Some possible defences available to this charge can include:
Honest and Reasonable Mistake – you held an honest and reasonable mistaken belief that you had a valid licence. This was a reasonable belief considering all circumstances as determined by the court.
You were driving to seek help for a medical emergency.
At Criminal Lawyers – Defending You we have extensive experience in representing clients with matters relating to unlicensed, suspended, cancelled, or disqualified licenses. We can assist in achieving the best possible outcome for you or your loved one.