Drive While Suspended

Going to court for driving while suspended is stressful, and you’re sure to be worried about your licence and when you will be able to drive again. Read on for an overview of this offence, or feel free to contact us if you’d rather talk to a dedicated traffic lawyer for personalised advice.

If you are convicted of driving while suspended then your licence will be disqualified.

The penalties for driving while suspended depend on whether or not this was your first offence and whether you were suspended for traffic offences or for non-payment of fines.

Drive while Suspended – First offence

Section 10 dismissal

  • without conviction,
  • without a fine, and
  • without a disqualification period.
or

Conviction

  • With a fine of up to $3,300,
  • With a disqualification period of 6 months that can be reduced as low as 3 months or increased as the Court sees fit,
  • With a Gaol term of up to 9 months.

Drive while Suspended – Second or subsequent offence in 5 years

Section 10 dismissal

  • without conviction,
  • Without a fine, and
  • Without a disqualification period.
or

Conviction

  • With a fine of up to $5,500,
  • With a disqualification period of 12 months that can be reduced as low as 6 months or increased as the Court sees fit,
  • With a Gaol term of up to 12 months.

Drive while Suspended (fine default) – First offence

Section 10 dismissal

  • without conviction,
  • Without a fine, and
  • Without a disqualification period.
or

Conviction

  • With a fine of up to $3,300,
  • With a disqualification period of 3 months that can be reduced as low as 1 month or increased as the Court sees fit.

Drive while Suspended (fine default) – Second or subsequent offence in 5 years

Section 10 dismissal

  • without conviction,
  • Without a fine, and
  • Without a disqualification period.
or

Conviction

  • With a fine of up to $5,500,
  • With a disqualification period of 12 months that can be reduced as low as 3 months or increased as the Court sees fit,
  • With a Gaol term of up to 6 months.

Contact us to discuss the possible penalties in your case and what we can do to minimise them.