Driving While Unlicensed

Driving While Unlicensed

The maximum penalty for driving while unlicensed varies depending on whether you have previously held a driver's licence and whether or not you have any prior convictions for driving while unlicensed.

Summary Offence

This is a summary offence and will be dealt with in the Magistrates Court of South Australia

What the prosecution must prove

The prosecution must prove that:

  • you were driving on a road; and
  • you did not hold a licence at the time.

Defences

There are a range of possible defences including, but not limited to, the following:

  • you weren't driving;
  • you weren't driving on a road;
  • honest and reasonable mistake of fact (Proudman v Dayman defence);
  • valid interstate or international licence;
  • duress;
  • necessity/emergency;
  • mental impairment.

Pleading guilty

Deciding whether or not to plead guilty has significant implications and should be made after discussing your case with our lawyers. If you decide to plead guilty to the offence, our lawyers can assist you to get the best possible results.

Penalties

If you have never held a licence and have not committed this offence previously, the maximum penalty is a fine of $2,500.

If you have committed this offence in the past, the maximum penalty is a fine of $5,000 or 1 year imprisonment and you will be disqualified from holding a driver's licence for at least 3 years.

Where you have been disqualified from driving because you committed a drink driving offence and you have then failed to have your licence renewed the maximum penalty is a fine of $5,000 or 1 year imprisonment. In addition, you will be disqualified from holding a driver's licence for at least 3 years.

Call us on 08 8523 8400