Have You Been Charged with Driving While Disqualified?

Will I lose my driver’s licence for an additional period?

While there is no mandatory period of further licence suspension for this offence, magistrates have the discretion to impose an additional suspension. It is common for those convicted to face a further licence disqualification of 3 to 6 months.

At MK Law, our traffic lawyers specialise in advocating for minimal licence suspension periods, helping clients avoid or reduce additional time off the road.

Vehicle Forfeiture and Hoon Legislation:

If the police have applied to impound or forfeit your vehicle, we can assist in challenging these applications to help you retain your vehicle.

Factors and Defences to consider:

Previous convictions:

Do you have any previous convictions of a similar nature?

A history of similar offences or traffic violations may impact the severity of the penalty, including whether the court considers further licence disqualification or vehicle forfeiture.

Reason for Driving:

If you drove under urgent circumstances, such as a medical emergency, this context could potentially reduce the penalty or influence the court’s view.

Awareness of Suspension:

If you were unaware of the suspension or disqualification due to improper notification, this could be a relevant factor in your defence.

Time Since Suspension:

If a significant period has passed since the initial disqualification or suspension, the court might consider this favourably, especially if you’ve demonstrated responsible behaviour.

Personal and Employment Circumstances:

If losing your licence would significantly impact your employment or personal life (such as caregiving responsibilities), this could be presented as a factor for leniency.

Lack of Notification:

If you did not receive proper notice of your suspension or disqualification, you might argue that you were unaware of the restriction.

Emergency Circumstances:

Driving due to a sudden and urgent need (e.g., a medical emergency) can sometimes serve as a partial or mitigating defence.

Driving Assessment or Instruction Exception:

If you were driving as part of an authorised driving assessment or instruction under the regulations, this could be a complete defence under Section 30(2).

Each of these factors and defences requires a strong presentation of evidence, and consulting an experienced traffic lawyer can help ensure that all relevant aspects of your case are effectively argued.

An expert at MK Law will tailor a defence strategy to suit your specific circumstances.