Have You Been Charged With Unlicensed Driving

Reduced Penalty for Past Licence Holders (Subsection 2)

If the court finds that:

• The person had an appropriate licence at some point before the offence, and
• The licence was not cancelled due to any driving offence,

then the penalty is reduced to:

• Up to 10 penalty units or imprisonment for up to 1 month.

Vehicle Immobilisation for Certain Offenders (Subsection 4)

If subsection 3 applies, the court may order the offender’s vehicle to be immobilised (e.g., using wheel clamps) for up to 12 months.

The court also has the authority to:

• Specify conditions for the immobilisation,
• Make the order whether the vehicle belongs to the offender or someone else.

Higher Penalty for Driving After Disqualification (Subsection 3)

If the person:

• Was previously disqualified from obtaining a licence, and
• The disqualification period has ended, but they haven’t received an interlock condition direction or a new licence,

then they face a higher penalty:

• Up to 60 penalty units or imprisonment for up to 6 months.

Additional Protections for Affected Parties (Subsections 7-8)

If someone else could be significantly impacted by a vehicle immobilisation order, the court must summon them to explain why the order shouldn’t be applied to the vehicle.

Will I lose my licence?

Under section 28 of the Road Safety Act 1986, a magistrate has the authority to suspend or disqualify a person’s driver’s licence in connection with certain charges, even if the person is currently unlicensed.

This means that simply being unlicensed does not prevent the magistrate from issuing a disqualification that would restrict you from obtaining a licence in the future. For individuals for whom driving is important, this is a significant consideration.

Our traffic lawyers are experienced in presenting persuasive arguments to the court, aimed at encouraging the magistrate to exercise discretion favourably toward the accused.

Factors and Defences to consider:

• Reasonable Belief in a Valid Licence:

If you genuinely believed your licence was valid at the time, such as if you had not received notice of cancellation or suspension, you could argue that you were unaware of your unlicensed status.

This may require proving that you took reasonable steps to stay informed about your licensing status.

• Emergency Situations:

If you were driving unlicensed due to an emergency, such as a medical emergency or another situation that required immediate action, you may argue that this was a necessary and reasonable response to the circumstances.

• Prior Licence Status:

If you held a valid licence in the past that was not cancelled due to any driving offence, this may not constitute a full defence but could reduce the severity of penalties under Section 18(2).

• Challenging Evidence:

You may challenge the prosecution’s evidence regarding your lack of a licence, such as proving that you held a valid interstate or international licence that authorises you to drive within the jurisdiction.

• Improper Notification of Disqualification:

If the disqualification or suspension of your licence was not properly communicated to you (e.g., the notice was not served correctly), you might argue that you were not lawfully informed of your unlicensed status.

Given the risk of disqualification, it is vital to contact a traffic lawyer at MK Law to tailor a defence specific to your circumstances.