Have you been caught driving whilst suspended?

The Consequences of Driving Whilst Suspended | Understanding the Risks and Legal Implications

Driving with a suspended license is a serious offense that carries significant legal and personal consequences, including implications for your traffic and/or criminal record. While it may seem like a minor infraction to some, the repercussions of such an action can be far-reaching and severe. If you have been charged with an offence of driving whilst suspended, it is important to ensure that you receive adequate and appropriate legal advice so as to achieve the best possible outcome in Court as the consequences you may otherwise face can be both financial and non-financial. This article explores the relevant sections of the Road Transport Act 2013 (NSW) and the various options available to you if you are charged with a criminal offence.

Section 54(3) of the Road Transport Act 2013 (NSW)

Section 54(3) of the Road Transport Act 2013 (NSW) reads as follows:

(3) Driving or making licence application while licence suspended (other than for non-payment of fine) A person whose driver licence is suspended (otherwise than under section 66 of the Fines Act 1996 ) must not–

(a) drive on a road a motor vehicle of the class to which the suspended driver licence relates, or

(b) make an application for a driver licence during the period of suspension for a motor vehicle of the class to which the suspended driver licence relates and in respect of such an application–

(i) state the person’s name falsely or incorrectly, or

(ii) omit to mention the suspension.

: Maximum penalty–30 penalty units or imprisonment for 6 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).

Legal Consequences

Driving on a suspended license is illegal in New South Wales and the penalties for this offence can vary depending on the location and the circumstances surrounding the suspension. The maximum penalty for this offence is a monetary fine of $3,300 and/or up to six (6) months’ imprisonment (first offence) or $5,500 and/or up to 12 months’ imprisonment (second or subsequent offence). There are a number of factors that may influence a Magistrate or Judge’s decision in imposing a Sentence, including:

1. The severity of the offence;
2. Whether it is your first time offending or a repeat violation;
3. How extensive or limited your traffic record is, including whether you have a history of similar offences and/or whether you have been suspended and/or disqualified from driving in the past;
4. Whether you are on a restricted or unrestricted licence;
5. Whether the offence was accompanied by other offences, such as drink driving or driving under the influence (DUI) offences.

Mandatory Period of Disqualification

Regardless of how poor your traffic record may be, the Court always has the discretion to choose whether to record a conviction against you. If no conviction is recorded, then you will not be disqualified from driving.

However, if the Court decides to convict you, in addition to the penalties specified above, the Court is required to impose a mandatory (automatic) disqualification period. The Court can order that period of disqualification to be shorter or longer than the automatic disqualification period however, cannot order a period shorter than the minimum period of disqualification. The disqualification periods as per section 205A of the Road Transport Act 2013 (NSW) are set out below:

Therefore, if caught driving with a suspended license, the period of time that you are unable to drive may be extended by virtue of being disqualified by the Court from driving for a further period of time. This means that you would have to wait even longer before you can legally regain driving privileges.

Personal Consequences

Beyond the legal ramifications, driving with a suspended license can have significant personal consequences. These can affect various aspects of your life, including your employment, financial stability, and personal relationships.

Impact on Employment

Many jobs require employees to have a valid driver’s licence, particularly those that involve driving as part of the job duties. Losing a license due to suspension can jeopardize your employment status, leading to job loss or difficulty securing new employment. This can have a ripple effect on an individual’s financial stability and overall quality of life.

Insurance Challenges

Driving with a suspended license can have a negative impact on auto insurance. Insurance companies view this offence as “high-risk” behaviour, which can lead to increased premiums or even the cancellation of the policy. Additionally, when you regain your licence, you may find it difficult to obtain affordable insurance coverage.

Strain on Personal Relationships

The stress and consequences associated with driving on a suspended license can also strain personal relationships. Family members and friends may feel the impact of your legal troubles and financial burdens, leading to tension and conflict.

Long-Term Consequences

The effects of driving with a suspended license can extend beyond the immediate legal and personal repercussions.

Criminal Record

A conviction for driving with a suspended license often results in a permanent criminal record. This record can have lasting implications, affecting future employment opportunities, eligibility for certain licences (such as a security licence), personal relationships and even housing prospects.

At Sky Solicitors Sydney, our lawyers may be able to negotiate a good behaviour bond or “section 10 order” with the Court, wherein no conviction is recorded however, it is important for your lawyer to compile appropriate subjective material to support such an application.

Preventive Measures

Given the serious consequences of driving with a suspended licence, the most straightforward way to prevent further consequences is to comply with the terms of the suspension and use alternative transportation. This means not driving until the suspension period has ended and all requirements have been met.

Seeking Legal Advice

If you have been charged with an offence of driving whilst suspended, it can be daunting appearing before a Magistrate representing yourself. Seeking legal advice is beneficial and highly recommended. At Sky Solicitors Sydney, our lawyers can contribute our expertise in navigating the legal system and ensure compliance with all necessary procedures to provide you with competent legal advice and achieve the best possible outcome for you.

Drop us a question in the chat function or send us an email at info@skysolicitors.com.au.

We may recommend participating in the Traffic Offenders’ Program, depending on the circumstances of your offending.

In conclusion, driving with a suspended license is a decision that can lead to severe legal, personal, and long-term consequences. It is important to understand the risks involved and take steps to avoid this situation. Compliance with suspension terms, seeking legal guidance, and exploring alternative transportation options are key measures to mitigate the impact of a suspended license. By taking responsible actions, individuals can navigate this challenging period and work towards regaining their driving privileges legally and safely.