These offences involve conduct where a driver operates a motor vehicle without a valid licence. The offences range from unlicensed driving to offences of driving whilst licensed disqualified.

Driving Whilst Disqualified

It is an offence to drive if your licence has been disqualified. A disqualification of a licence occurs when you are convicted in court for an offence, and the court disqualifies you from holding a licence.

If you are prosecuted for this offence, a court considers it a serious matter, as you are disregarding an order of the court.

The maximum penalty is set out in the Road Transport Act. For offenders who have not committed this offence in the previous 5 years, the maximum penalty is:

• A maximum fine of $3,300; and/or
• Imprisonment of up to 18 months
• A mandatory minimum disqualification period of 12 months

However, if the offence has been committed in the previous 5 years, the maximum penalty is:

• A maximum fine of $5,500; and/or
• Imprisonment of up to 2 years
• A mandatory minimum disqualification period of 2 years

With our help, we can assist you in convincing a court to reduce the penalty, including, in very rare cases, the possibility of a non-conviction.

Driving Whilst Licence Suspended

Driving whilst your licence is suspended is a serious offence with a maximum penalty that includes imprisonment.

A licence suspension usually occurs where a driver accumulates too many demerit points, commits certain traffic offences, or fails to pay fines when required. As it is not a court-ordered suspension, the penalties differ from the offence of driving whilst disqualified. However, the penalties, which include licence disqualification, can have a significant impact upon your life. For this reason, it is important to contact us at Bell Lawyers, who have a team of solicitors experienced in assisting clients charged with this offence.

For first-time offenders, the maximum fine incurred is $3,300 and/or a potential 6-month term of imprisonment. The court will also disqualify you from holding a licence if convicted of this offence.

If you have been charged with driving whilst suspended and have previous offences in the last 5 years, the penalty is increased, with a maximum penalty of a fine of $5,500 and/or 12 months imprisonment. The disqualification period is also increased.

In NSW, there are a number of offences relating to a driver’s control of a motor vehicle. The severity of these offences increases depending on the seriousness of the dangerous driving and whether any injuries are caused to another person. Some of these offences are detailed below.

Negligent Driving

Negligent driving occurs when a driver fails to operate a motor vehicle in a manner that a prudent and reasonable operator would have. While this offence is less serious than other dangerous driving offences, it can still carry significant penalties, depending on whether any person is injured and the severity of that injury.

There are three main charges related to negligent driving, which include:

1. Negligent driving that does not occasion death or grievous bodily harm (GBH)
2. Negligent driving that occasions GBH
3. Negligent driving that occasions death

Each of these offences varies in severity and is therefore punishable accordingly.

If found guilty of negligent driving simpliciter, the maximum penalty is a fine of $1,100.

However, the penalty increases if injury or death is caused. For negligent driving that results in grievous bodily harm, the offender will face a fine of $2,200 and/or imprisonment for 9 months if it is their first offence within the last 5 years. Alternatively, if the offender has committed another major offence in the last 5 years, the penalty increases to a maximum of $3,300 and/or imprisonment for 12 months. In addition, there will be a licence disqualification if convicted.

Negligent driving occasioning death is the most serious of these offences. As a result, the court may enforce the maximum penalty of a $3,300 fine and/or imprisonment for 18 months if this is the first offence in the last 5 years. If a major offence has been committed in the previous 5 years, the severity of the punishment increases to a $5,500 fine and/or imprisonment for 2 years. Once again, a licence disqualification will be imposed.

These are maximum penalties. It is important to have an experienced traffic lawyer to assist you in reducing the sentence based on the circumstances of your case. Bell Lawyers have a number of experienced traffic lawyers who can help.

Reckless & Dangerous Driving

It is an offence to drive a motor vehicle furiously, recklessly, or at a speed or in a manner dangerous to the public. The offence of driving in a manner dangerous refers to operating a vehicle in a way that causes a real or potential danger to the public.

The law relating to this offence is complicated. If charged with this offence, or the more aggravated offence of causing injury or death, you should contact a traffic lawyer immediately. Bell Lawyers can guide you through the court process if charged.

For first-time offenders, the maximum penalty that could be enforced is imprisonment for up to 9 months and/or a maximum fine of $2,200. An offender will also face an automatic disqualification period of 3 years, which can be reduced but not below 12 months. If this is a second major offence in the last 5 years, the penalties are increased. An offender will be liable to pay a fine of up to $3,300 and/or be sentenced to prison for a maximum of 12 months. An offender will also incur an automatic disqualification of 5 years and a minimum disqualification of 2 years, enforceable by the court.

However, if the offence is committed in circumstances where another person is injured, and the injury is very serious or results in death, you could be charged with offences under the Crimes Act. If found guilty, the Supreme Court has held that in certain circumstances, a sentence of 2 years imprisonment should be imposed if grievous bodily harm is occasioned to another, or 3 years imprisonment if death is occasioned.