Unlicensed / Disqualified Driving Lawyers
It is an offence to drive a motor vehicle on a road if you do not hold a valid driver licence.
There are many categories of unlicensed driving which vary in seriousness depending upon the reason a person does not hold a current driver licence. The offence becomes quite serious if you have been caught driving whilst disqualified by a court order, particularly if you are a repeat offender. High fines and terms of imprisonment can be imposed.
How do you get disqualified from driving in Queensland?
You will be disqualified from holding a driver licence for a stated period by an Australian court when you are convicted of:
a dangerous driving offence; and/or
any offence involving the driving or use of a motor vehicle.
In most cases the law requires a court to disqualify a driver from holding or obtaining a driver licence for a period of time. The disqualification period could be as low as 1 month or as high as 5 years depending on the offence and your prior traffic record.
What happens if I am caught driving whilst disqualified from holiding/obtaining a drivers licence?
If you drive a motor vehicle in Queensland while disqualified from holding a driver licence, you will be dealt with by a court for disqualified driving.
If convicted of this offence, the court must disqualify you from holding a driver licence for an additional period of at least 2 years - up to a maximum of 5 years. You may also receive a fine of up to $6600 or be imprisoned for up to 18 months.
Am I eligible for a work licence if I am charged with disqualified driving?
If you are charged with unlicenced driving, there is no ability to apply for a restricted licence or work licence. But with help from a Queensland Traffic Lawyer, we will help reduce any penalty and disqualification imposed. for more information on licence applications click here.
What is the difference between a disqualification and a suspension?
Disqualified driving refers to loss of licence due to conviction for a traffic offence (eg. drinking driving, drug driving and dangerous driving).
A licence suspension is a suspension from driving for a period of time due to:
unpaid fines imposed by a court
incurring excess demerit points on your traffic history
a conviction for driving more than 40km/h over the speed limit; etc
If you drive a motor vehicle in Queensland whilst your driver licence is suspended, due to any of the above reasons, you will be dealt with by a court for unlicensed driving. If you are convicted of unlicensed driving the court must disqualify you from holding a driver licence for at least 1 month. The penalty and period of disqualification will depend on the type of unlicenced driving charge.
Will I need a lawyer for disqualified driving?
If you are charged with an offence of driving whilst your licence has been cancelled, suspended or disqualified then we recommend you seek legal advice prior to going to Court. It is important that you find out what category of unlicensed driving you are facing and the likely penalty outcome so that there are no surprises for you when you go to Court.
We understand that the loss of your licence can lead to significant difficulties in meeting your personal and work commitments. The benefit of legal representation is that we can present all the relevant facts and circumstances of your case to the court and aim to achieve the best possible outcome for you. This could make a significant difference as to the ultimate penalty imposed and the length of your licence disqualification.
Contact us today for some advice on disqualified driving.
What is an immediate suspension?
There are some circumstances in Queensland where your licence will be suspended on the spot. Immediate suspensions occur when a person:
Has a mid or high level breath/blood alcohol concentration (0.10% or higher)
Fails to provide police with a specimen of breath or saliva when required.
Is charged with a low level drink driving offence while an earlier such charge is still pending.
Is charged with a drug driving offence while an earlier such charge is still pending.
Is charged with dangerous operation of a motor vehicle whilst adversely affected by an intoxicating substance (alcohol or drugs).
Drives a motor vehicle while their driver licence is already suspended or disqualified.
For more information on unlicensed/disqualified driving offences please see the penalty table below.