Driving unlicensed is quite a common offence prosecuted by police in the Local Courts of New South Wales. Pursuant to s53(3) of the Road Transport Act 2013, the law states that a person has never been licenced in connection with an offence if the person has not held a driver’s licence of any kind in Australia for the period of at least 5 years immediately before the commission of the offence.
What must the Police prove?
In order for the Police to prove their case, they must prove beyond a reasonable doubt that the person they charged (or a person permitted by them), was driving without a licence and was not exempted from driving unlicensed at the time.
What are the available penalties?
The maximum penalties for driving unlicensed can vary. The variance associated with this penalty largely depends on whether the driver had ever held a licence before. The maximum penalty for driving unlicensed where a person has previously been licenced is a Traffic Infringement Notice fine for the sum of $815.
For a second offence of driving unlicensed, 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 12 months with a minimum disqualification of 3 months.
If you are charged with a traffic offence such as driving whilst unlicensed, please make contact with our traffic lawyers at McKenzie McLoughlin Law. Josh and James will give you honest advice in relation to your matter and provide you with outstanding legal representation. Our lawyers offer fixed fees for most of their services.