Under section 54 of the Road Transport Act 2013 (NSW), it is an offence to drive or apply for a driver licence while disqualified, or while a licence is suspended or cancelled. A person who’s license status is either disqualified, suspended, cancelled or refused must not:
Drive a motor vehicle on a road during the specified period, or
Apply for a licence during that period and either:
Falsely state their name, or
Fail to disclose the suspension/disqualification/cancellation/refusal.
First offence: Maximum 30 penalty units or 6 months’ imprisonment, or both. Minimum driver’s license disqualification period of 3 months and a maximum period of 6 months.
Second/subsequent offence: Maximum 50 penalty units or 12 months’ imprisonment, or both. Minimum driver’s license disqualification period of 6 months and a maximum period of 12 months.
If you have been charged with driving with an illicit drug present in your system, it is important to seek legal advice as early as possible. Early advice gives you the best opportunity to properly prepare for sentencing, including gathering relevant material such as a personal letter to the Court, character references, or a letter from your employer.
You may also be advised to complete certain programs or courses that demonstrate your commitment to rehabilitation and responsible driving. This preparation can significantly improve your chances of receiving a more favourable outcome and, in some cases, may help you avoid losing your driver’s licence—particularly if retaining it is essential for your work or family responsibilities. The team at ED Legal can guide you through every step of the process.
Both licence suspension and disqualification mean you’re not allowed to drive, but they happen in different ways and for different reasons.
A suspension is usually temporary and happens automatically — for example, if you get too many demerit points, don’t pay a fine, or commit certain traffic offences like speeding or drink driving. It can also be ordered by a court. While suspended, your licence is not valid and you can’t legally drive.
A disqualification is more serious. It’s a court-ordered ban on driving, usually for serious offences like dangerous driving or repeat drink driving. When disqualified, your licence is cancelled for a set period, and you re-apply for a license once the disqualification ends.
At ED Legal, we understand how essential your driver’s licence is to your work, daily life, and family responsibilities. If you’ve been charged with a driving offence, it’s critical to seek legal advice as early as possible. Our team will support you throughout the legal process, advocate on your behalf, and work to secure the best possible outcome — including helping you retain your licence where the circumstances permit.
If you choose to plead guilty, or if you are found guilty, the Court has a range of sentencing options available. Depending on the nature of the offence and your driving history, the Court may be prepared to show leniency. We will help you present your case in the strongest way possible to improve your chances of a favourable result.
Where appropriate, we can also assist in defending the charge. If your instructions suggest a viable defence, we will thoroughly examine the evidence and advocate for your rights in court.
It’s important to understand that the Courts take a firm approach to repeat unlicensed driving offences. If you’re facing such charges, professional legal guidance is essential. Let ED Legal help you navigate the process and work toward the best possible outcome in your case.
