More than ever before, a valid driver’s licence is essential for getting to work, school, grocery stores, medical appointments, and places of worship. Particularly in rural areas, driving is often the only practical way to maintain social connections with neighbours and the broader community. However, it is important to remember that the right to drive is a privilege, not an entitlement.
Driving while your licence is suspended or disqualified is a serious offence that can lead to significant penalties. In this updated article for 2024, we will discuss what you need to know about these offences and the potential consequences.
Driving on a Suspended Licence in Queensland
Under the Transport Operations (Road Use Management) Act 1995, it is illegal to drive on a public road in Queensland without a valid driver’s licence. If you are caught driving whilst your licence is suspended or expired, you will face penalties which may include imprisonment. To be convicted of driving on a suspended licence, the prosecution must prove that:
- You were driving a motor vehicle on a public road;
- You did not hold a valid driver’s licence; and
- Your driver’s licence was suspended in Queensland and for what specific reason.
The severity of the punishment upon conviction will depend on the specific circumstances of your case, including any mitigating or aggravating factors.
Driving whilst Disqualified in Queensland
Disqualification is the harshest penalty that can be imposed against a person’s license by a Queensland court. When a person’s licence is disqualified, it is physically confiscated, and their driving privileges revoked for a specified period. After the disqualification period finalises, a person must apply for and receive a new licence before they can lawfully re-commence driving.
It is important to note that you cannot drive once your driver’s licence is disqualified, with one exception: if you qualify for and obtain a restricted driver’s licence for work-related purposes. If you are caught driving on a public road without a restricted licence during the disqualification period, you will be charged with driving whilst disqualified.
The penalties for a conviction for driving whilst disqualified begin at a further 2 year disqualification period as well as a potential period of imprisonment. The exact penalty will depend on the specific circumstances of your case, taking into account both mitigating and aggravating factors.
Penalties for Driving on a Suspended Licence and Driving whilst Disqualified
From 2023, the penalties for driving on a suspended licence in Queensland are the same as those for driving without a valid licence. For a first offence, you could face a fine of up to $5,514.00 and a maximum period of one (1) year imprisonment.
However, in some circumstances including if you have not committed a similar offence within the last 5 years, you may be able to avoid the requirement to attend court. In these circumstances, police have a discretion to issue an infringement notice and can instead issue a maximum fine of $5,514.00.
Magistrates Courts, which typically hear traffic offences, do not always possess a discretion as to whether or not to impose disqualifications. If found guilty of driving while your licence is suspended, your licence will be confiscated for a maximum of 6 months, regardless of any other penalties imposed.
Driving whilst disqualified is considered a more serious offence and carries more severe penalties. Upon conviction, your driver’s licence will be confiscated for a minimum of 2 years and a maximum of 5 years. You may also face substantial fines and up to 18 months in jail.
The Importance of Experienced Queensland Criminal Lawyers
If you are charged with driving on a suspended licence or driving whilst disqualified in Queensland, it is crucial to have a qualified lawyer on your side. Our experienced Criminal Law team at Jones + Associates can quickly assess your situation and develop an effective defence strategy. Depending on your specific circumstances, we may argue that:
- You had a valid licence at the time of the alleged offence;
- You were not driving on a public road as defined by law;
- Your licence was suspended on invalid grounds, or there is a dispute regarding the validity of your suspension;
- You were under significant duress or threat of violence, compelling you to drive; or
- You had to drive due to an emergency or similar situation.
With your livelihood and freedom at stake, it is essential to act quickly. Contact our team to learn more about how we can help.