This is a criminal offence, not a simple traffic ticket, and you can be found guilty even if you didn’t know about the suspension. Here’s what the law sets and what the court weighs.
Figures are for a first offence of driving while suspended. Other types are in the tables below.
Try it outThese are the numbers the law sets. What happens in your matter depends on your record and your circumstances, and a solicitor at Daoud Legal - Criminal Defence reviews every matter.
In NSW, the offence of driving whilst suspended is defined under the Road Transport Act 2013 (NSW). It occurs when you operate a motor vehicle on a road while your driver’s licence has been suspended by the RMS or the police.
A licence suspension can happen for several reasons, including accumulating too many demerit points, exceeding the speed limit by more than 30 km/h, an immediate police suspension for a serious driving offence like drink driving, or non-payment of outstanding fines.
Because this is a “strict liability” offence, the prosecution does not need to prove you intended to break the law. However, they must prove that you were the person driving and that your licence was suspended at the time.
Unlicensed driving is related but different. ‘Driving unlicensed’ (section 53 of the Road Transport Act 2013 (NSW)) typically refers to driving without ever having held a licence or with an expired one. ‘Driving while disqualified’ (section 54) is a more serious offence where you drive after a court has disqualified you, or while your licence is suspended or cancelled.
Driving while suspended is a criminal offence, not a simple traffic ticket. You will be issued with a Court Attendance Notice and you must appear before a Magistrate in the Local Court.
Penalties escalate significantly if you have a prior major traffic offence on your record within the last five years.
| Maximum fine | Maximum gaol | Automatic disqualification | Minimum disqualification | |
|---|---|---|---|---|
| First offence | $3,300 | 6 months | 6 months | 3 months |
| Second or subsequent | $5,500 | 12 months | 12 months | 6 months |
| Maximum fine | Maximum gaol | Automatic disqualification | Minimum disqualification | |
|---|---|---|---|---|
| First offence | $3,300 | None | 3 months | 1 month |
| Second or subsequent | $5,500 | 6 months | 12 months | 3 months |
| Maximum fine | Maximum gaol | Automatic disqualification | Minimum disqualification | |
|---|---|---|---|---|
| First offence | $2,200 | None | None | None |
| Second or subsequent | $3,300 | 6 months | 12 months | 3 months |
Source: Road Transport Act 2013 (NSW), as set out by Daoud Legal.
This is one of the most common situations. Often, the only notification of a licence suspension is a letter sent by the RMS to your last known address. If you did not receive this notice, you may have a defence. This is known as an “honest and reasonable mistake of fact.”
To succeed with this defence, the court must be persuaded that you held an honest belief that you were lawfully entitled to drive, and that this belief was reasonable in all the circumstances. This can be a complex legal argument to win, as the court will closely examine why you held that belief.
Even if it doesn’t get you acquitted, it still matters. Explaining to the court that you genuinely did not know about the suspension can be a powerful factor in mitigation. It can help reduce the severity of your penalty.
Pleading guilty does not mean you will automatically face the maximum penalty. When you plead guilty, the focus of the court hearing shifts from determining your guilt to deciding on the appropriate sentence. A well-prepared plea addresses:
If the court grants a non-conviction order, such as a Section 10 dismissal or a Conditional Release Order, you will not receive a criminal record, and your licence will not be disqualified.
Talk it through with us. A short conversation works out whether yours is a matter you can run yourself, and a solicitor at Daoud Legal - Criminal Defence reviews every matter before anything goes near a courtroom.
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