Being charged with Driving While Suspended or Disqualified can be a daunting experience.  

A suspension usually comes about due to failure to pay outstanding fines or otherwise deal with the Fines Enforcement Unit.  

A disqualification can come about in a number of ways: 

1. Accumulation of demerit points  
2. Court imposed disqualification  
3. Medical disqualification (not addressed in this article) 

If you are suspended, you will receive written confirmation that is the case. 

For driving suspended, the maximum penalty for a first offence is imprisonment for six (6) months. For a subsequent offence it is two (2) years.  

If you are disqualified due to accumulating too many demerit points, you will receive a letter advising that you are disqualified. That correspondence will include details as to when the disqualification begins and what you must do to accept the disqualification. Accepting the disqualification usually requires payment of a fee (approximately $41). If that fee is not paid by the due date, the disqualification may then be personally served on you, requiring the payment of a higher fee (approximately $170). The period of that disqualification will be detailed in the correspondence (and is likely to be 3 to 6 months duration).  

If you are disqualified by a Court, for example relating to an offence of drink driving, the Court will impose the disqualification and advise you of the start date of the disqualification, the period of the disqualification, the consequences for driving disqualified, and what you must to do reapply for your licence at the end of the disqualification. 

Despite the reason for the disqualification, the maximum penalty for a first offence is imprisonment for twelve (12) months. For a subsequent offence it is three (3) years.  

The Court considers charges of driving whilst disqualified to be particularly serious. This is especially so when someone is breaching a Court imposed disqualification. When arriving at the appropriate penalty (or ‘sentence’) the Court considers a number of factors, including whether the driving was “contumacious” – this means whether it was in deliberate disregard for the disqualification or not. If the driving is contumacious, the Court will usually impose a sentence of imprisonment.  

As the penalties for driving whilst suspended or disqualified can be so significant, we strongly recommend that you get legal advice if charged with driving whilst suspended / disqualified.  

Written by Solicitor Taylor Falting