What does the prosecution have to prove?
The prosecution have to prove beyond a reasonable doubt that a driver drove a motor vehicle, on a road or road related area, whilst their licence had been suspended by the RMS or Police.
Are there any defences available?
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 for an offence of this kind is that of an ‘honest and reasonable mistake of fact’. In short, that 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. Of course, should that defence be negatived by the prosecution then one may still be found guilty by the court.
What are the penalties?
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 McKenzie McLoughlin Law?
If you have been arrested or charged with a licencing offence you should contact us for expert advice and representation immediately. At McKenzie McLoughlin Law, both of our principals are former prosecutors and have appeared in countless licencing offence matters. Josh and James know the law, the cases, and the defences available for such offences. Josh and James offer fixed fees for most of their services and would love to represent you. Josh and James do their best to take the stress out of going to court and fight hard for their clients.