Have you been accused of a driver licensing offence?

MELBOURNE, AUS - APR 14 2014:Victoria Police car.As of 2013, Victoria Police has over 12,539 sworn members across 325 police stations.It has a running cost of aprox. 2.1b $AUD (A$372 per resident).

Driver licensing offences can be costly.

Driver licensing offences under the Road Transport Act (RTA) include:

  • Obtain driver licence by false statements, unlawfully possess, alter or use: sections 49 to 51 of the RTA
  • Drive without a licence: section 53 of the RTA
  • Drive or make application for driver licence whilst: section 54 of the RTA
    • Disqualified
    • Suspended
    • Refused or cancelled
    • Cancelled or suspended for non-payment of fine under section 66 of the Fines Act

The maximum penalty for drive without a licence is $2,200 for a first offence and $3,300 or/and 18 months imprisonment, plus 3 years disqualification for a second or subsequent offence. For a second or subsequent offence does not include convictions entered at the same time R v Ahmed [2008] NSWDC 380 at [32] per Bennett SC DCJ.

The maximum penalty for drive whilst disqualified, suspended, refused or cancelled (not for failing to pay fines) is $3,300 or/and 18 months imprisonment, plus 12 months disqualification for a first offence and $5,500 or/and 2 years imprisonment, plus 2 years disqualification for a second or subsequent offence.

The maximum penalty for drive whilst cancelled or suspended for non-payment of fine is $3,300 or/and 18 months imprisonment, plus 3 months disqualification for a first offence and $5,500 or/and 2 years imprisonment, plus 2 years disqualification for a second or subsequent offence.

Disqualifications are automatic on conviction by the court, who may also order an additional disqualification period under section 54(8)(b) of the RTA and extend to other jurisdictions under section 54(11) of the RTA.

You may have a Proudman v Dayman [1941] HCA 28 of defence of honest and reasonable mistake of fact El Hassan v NSWDPP & Anor NSWCA [2000] 330 at [20] if you were not aware that you were suspended, or refused or cancelled.

Why not call me NOW for a FREE CONSULTATION to find out what your options are.

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Anthony Stewart, Solicitor
ANTHONY R A STEWART LAW PRACTICE

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