Driving Whilst Disqualified or Unlicensed in South Australia

Driving whilst disqualified Under SA traffic law, you must not drive while disqualified or on a suspended license and if you do, it is considered a very serious breach of traffic law. There are a range of penalties depending on the circumstances of the case but typically involve a fine,…

Driving whilst disqualified

Under SA traffic law, you must not drive while disqualified or on a suspended license and if you do, it is considered a very serious breach of traffic law. There are a range of penalties depending on the circumstances of the case but typically involve a fine, a further disqualification and/or imprisonment.

Under South Australia traffic law, a license may be disqualified or suspended for various reasons including if you have been charged with any of the following offences:

  • accrue 12 demerit points or more within three years;
  • accumulate 4 or more demerit points as a learner driver;
  • breach a condition of good behavior already imposed on your license.
  • have an accumulation of drink driving offences;
  • accumulate 2 or more drug driving offences within a period of five years;
  • fail to pay fines after they become due; or
  • have an accumulation of speeding offences.  If you choose to drive whilst suspended, you will be guilty of an offence and depending on the severity and other factors involved in the charge, various penalties may be imposed. In addition, the penalty handed down to an offender will depend on whether it was a first or subsequent offence.Penalties

    The penalty imposed on a first-time offender could include a fine and/or imprisonment for 6 months.  Any second or subsequent offence carries a maximum penalty of 2 years imprisonment. The courts also have the power to impose any period of disqualification that they deem reasonable according to the facts of the case. It is important to note that this further period of disqualification cannot be reduced or changed in any way. If you are caught driving whilst suspended/disqualified whilst committing another offence (i.e. drink/drug driving) you can expect an even harsher penalty, for example if you are caught driving whilst suspended/disqualified and are also guilty of a drink driving offence, you will be liable to pay a fine of approximately $5,000 or serve a term of imprisonment of up to 1 year.  In addition, the courts are required to also impose a further period of disqualification on the individual’s driver’s license for a period of at least 3 years. Driving whilst unlicensedYou may also be charged in South Australia with driving whilst not carrying a valid license and will apply in circumstances where you have failed to renew your driver’s license and are caught driving a motor vehicle on a public road. This offence carries a maximum fine of $1,250.00. The fine imposed for an individual caught driving who has never held a valid driver’s license can be up to $2,500.00.Defences

    There are circumstances in which you may be able to plead a defence in South Australia, e.g, courts may accept a defence that the offence was only committed due to the presence of a serious emergency that warranted the driving of a motor vehicle. However, the courts must be satisfied that you only chose to drive whilst disqualified to avoid the emergency.

Rudall & Rudall Lawyers have an experienced team of lawyers in Gawler, Tanunda and Adelaide to assist you. Please Call us on 8523 8400 (Gawler) 8523 8444 (Tanunda) or 8211 6500 (Adelaide) to arrange an obligation free first appointment, or alternatively send an email to legal@rudalls.com.au and we will contact you.