Driving while suspended NSW is a serious offence and can lead to severe penalties. The penalties for this offence can range from a further licence disqualification period to a fine or even a term of imprisonment.
Driving is a privilege that comes with responsibilities. One of the most important responsibilities is to obey traffic laws and regulations. However, some drivers choose to ignore these laws and drive with a suspended licence.
Driving While Suspended NSW Consequences
The consequences of driving with a licence suspended in NSW can be severe and may include the following:
1. Fines. For a first offence, the maximum fine for driving while suspended is $3,300. The penalty for the offence of driving while suspended in New South Wales ranges from a further licence disqualification, fines or a term of imprisonment.
2. Imprisonment. The court may impose a 6-month imprisonment if you commit a second or subsequent offence. However, the courts may accept it as a defence if the alleged offender can demonstrate that driving a motor vehicle whilst suspended was necessary to avoid serious injury to a person.
3. Licence disqualification. Only the court can impose disqualification whereas a suspension can be due to demerit points or by speeding by over 30km/h or by police.
The consequences of driving while suspended NSW can vary depending on the specific circumstances of the offence and the offender’s criminal history. We always recommend you to seek legal advice if facing charges for this offence.
Suspension Periods
Depending on the type of driving offence, you may face licence suspension for a variety of time periods. Here’s a table of suspension periods for your reference:
| Offence | Suspension Period |
| Serious driving offence causing death or grievous bodily harm | Until your case is heard in court |
| Speeding in excess of 45km/h over the speed limit (full licence holders) | 6 months |
| Speeding in excess of 30km/h (learner or provisional licence holders) | 3 months |
| Low-range driving under the influence of alcohol (DUI) | |
| Mid-range and high-range driving under the influence of alcohol (DUI) and driving with a prescribed concentration of alcohol (PCA) | Until your case is heard in court |
| Street racing, aggravated burnout, and other hooning offences | Until your case is heard in court |
| Learner driver licence holders driving without supervision | 3 months |
Driving With a Suspended or Cancelled Licence: Non-Payment of Fine
One of the most common reasons for licence suspension is the non-payment of fines. If authorities suspend your licence because of such reason and they catch you driving while suspended NSW, you may face the penalties below:
| Penalty | First Offence | Second or subsequent offence |
| Maximum court-imposed fine | AUD 3300 | AUD 5500 |
| Maximum prison term | N/A | 6 months |
| Minimum disqualification | 1 month | 3 months |
| Default disqualification period | 3 months | 12 months |
You can pay as much as AUD 5,500 if you take for granted paying your fines from the traffic violations you might have incurred. You can pay your fine online through the MyServiceNSW portal.
Rule Under the Road Transport Act 2013
The rule on driving while suspended NSW under the Road Transport Act 2013 is that a person whose driver licence is suspended must not:
- drive on a road a motor vehicle of the class to which the suspended driver licence relates, or
- make an application for a driver licence during the period of suspension for a motor vehicle of the class to which the suspended driver licence relates.
The maximum penalty for this violation is 30 penalty units or imprisonment for 6 months or both, in the case of a first offence. If it is a second or subsequent offence, your penalty is 50 penalty units or imprisonment for 12 months or both.
Defences That May Apply
If the alleged offender can demonstrate that driving a motor vehicle whilst suspended was necessary to avoid serious injury to a person, there are possible defences that can be raised:
1. Necessity. If the alleged offender can demonstrate that driving while suspended NSW was necessary to avoid serious injury to a person, this may be a valid defence.
2. Honest and reasonable mistake of fact. This defence can be raised if the alleged offender can show that they were unaware that they received a suspension notice that their licence had been suspended.
The validity of these defences will depend on the specific circumstances of the case and the evidence presented in court. Thus, consulting a qualified lawyer is always a good idea when faced with challenges like this.
Frequently Asked Questions on Driving While Suspended NSW
- What are some non-driving related offences that can lead to a driver’s licence suspension in NSW?
There are several non-driving related offences that can lead to a driver’s licence suspension in NSW. These include:
- Exceeding the demerit points limit.
- Not paying fines.
- Medical reasons that affect the driver’s ability to drive safely.
- Can a valid licence be suspended for drug or alcohol-related offences in NSW?
Yes, you may face licence suspension because of drug or alcohol-related or dangerous driving offences in NSW.
For alcohol-related offences, if it’s the driver’s first offence, their licence can be suspended for 3 months and they may be issued an on-the-spot fine. For drug-related offences, if a driver is found to have illicit drugs in their system while driving, then a 3 to 12-month suspension will be imposed, along with a fine.
- What are the factors that determine the penalty for driving while suspended in NSW?
The penalty for driving while suspended NSW depends on the specific circumstances surrounding the case. Moreover, if it is an offender’s second or subsequent offence, a licence disqualification of 3 years will also be given.
Also, if there are aggravating factors, such as driving while suspended with a high blood alcohol concentration, the penalty may be more severe. However, if there are mitigating factors, such as a genuine emergency, the penalty may be less severe.
- Can the penalty for driving while suspended NSW be reduced or waived under certain circumstances?
Yes, you may be able to reduce or waive the penalty for driving whilst disqualified in NSW under certain circumstances. The court has the discretion to impose a number of penalties for the charge of “drive whilst suspended.”
Expert Traffic Offence and Criminal Law Lawyers
If you have traffic violations or you face licence suspension, disqualification , or cancellation, you need to seek legal advice from qualified traffic offence lawyers at JB Solicitors. Our solicitors can assist you with whatever need you have.
Contact us today.
