The offence of ‘driving whilst cancelled’ is committed by a person who drives a motor vehicle on a public road after their licence has been cancelled by the Roads and Maritime Services (RMS). If charged with this offence, you should contact Josh McKenzie and James McLoughlin at McKenzie McLoughlin Law. Both Josh and James are former prosecutors and experienced traffic lawyers. They will assess your case and give you honest legal advice and will make sure that your side of the story is heard.
Are there any defences available to driving whilst cancelled?
At McKenzie McLoughlin Law, our two principals are experienced traffic lawyers. Upon taking instructions from you, they will know if there are defences available. The most common defence available is one of ‘honest and reasonable mistake of fact.’ In short, raising this defence will usually require the driver giving evidence at court that they were unaware at the time of driving that they were either cancelled or suspended because they were not notified of this fact by the RMS.
In order to successfully raise such a defence, one must show that the belief (as to not being cancelled or suspended) was honest and reasonably held. In raising such a defence, a driver who knew that they had exceeded their demerit point limit or who had outstanding fines, will not generally assist in proving that the belief was reasonable.
What are the penalties for driving whilst cancelled?
For a first offence, the penalties include a maximum fine of $3,300 and / or imprisonment up to 6 months. In addition, there is an automatic disqualification period of 6 months with a minimum disqualification of 3 months.
For a second offence, the penalties include a maximum fine of $5,500 and / or imprisonment up to 12 months. In addition, there is an automatic disqualification period of 12 months with a minimum disqualification of 6 months.
Why choose Josh and James at McKenzie McLoughlin Law?
Josh and James live and breathe the motto, “There are two sides to every story, let us tell yours.” This is particularly important in traffic matters. Courts will need to hear evidence or submissions on your behalf which explains the circumstances as to why you may have driven. Due to our high level of experience in traffic matters, particularly as former prosecutors, McKenzie McLoughlin is the intelligent choice for legal representation. Our experience is your advantage.