Drive Whilst Suspended:

You can be charged with the offence of drive whilst suspended where you drive any motor vehicle on a road (or road related area) during the period that your licence has been suspended by the Roads and Maritime Service.

If you are found guilty of driving while suspended, the Court will generally disqualify you for the mandatory disqualification period as set out in the traffic legislation. The Court also has the power to disqualify you from driving for a further period in certain circumstances. In broad terms, the mandatory disqualification period is usually the minimum disqualification period the Court will give you if you are found guilty of this offence. The maximum penalties for the offence of drive while suspended are:

• A maximum fine of $3,300
• The mandatory disqualification period of 12 months, or under certain circumstances a mandatory disqualified period of 3 months where you have been suspended for the non-payment of a fines.
• In certain situations, the Court can give you an unlimited maximum disqualification period.

Depending on the circumstances of the offence, you may have a defence available to you. The Court generally takes into account all of the facts and circumstances surrounding the offence of drive whilst suspended, as well as your traffic record, when determining whether or not the Court will record a conviction for driving whilst suspended. Where the Court exercises its discretion not to convict you, generally this will mean that you will not be disqualified from driving.

You should seek legal advice about whether there are any defences available to you, to the offence of drive whilst suspended.  If you feel that you have a defence to the charge of drive whilst suspended, you should contact an experienced traffic lawyer at Navado to give you legal advice on whether there is a defence available to you.

If you would like to meet with one of our traffic lawyers and solicitors for a consultation, you can contact our firm and discuss you matter with us: please call (02) 9233 4048 or send an email to info@navado.com.au to arrange this. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.