QUEENSLAND OFFENCES
DRIVING UNLICENCED/DISQUALIFIED
In QLD, unlicenced or disqualified driving can result from:
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Expired Licence: Failing to renew your licence.
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SPER Suspension: Licence suspension by the State Penalties Enforcement Registry (SPER) due to unpaid debts.
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Demerit Points Suspension: Accumulating excessive demerit points leads to suspension. Queensland Transport notifies individuals exceeding demerit points with a choice between a 3-month disqualification or opting for a 12-month good driving behaviour period.
Disqualified driving means you have been disqualified by a court. This is a very serious charge, as it shows a blatant disobeying of an order of a Magistrate. You can be disqualified for driving for a number of offences, including:
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caught driving unlicenced;
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any driving offence that comes before a court at the discretion of the Magistrate or Judge
In Queensland, driving with a suspended or disqualified licence is illegal, and violations pertain to the vehicle class of the original licence. If unaware of the suspension or disqualification, an honest and reasonable belief in your licence status could serve as a defence, but reasonableness is a complex matter best assessed by us.
The Penalty
Driving unlicenced is a much less serious offence than driving disqualified, and does not hold a mandatory licence disqualification. The court will likely impose a fine for the offence and depending on the severity of the circumstances, may impose a period of disqualification.
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.
It is however unlikely that a first time offender will receive a term of imprisonment, and on most occasions discretion will be exercised by the Magistrate to impose an additional disqualification, together with a fine.
Can I Defend The Charge?
The most common defence in relation to driving whilst unlicenced is that of “honest and reasonable mistake”. Other available defences, including those applicable to driving disqualified, include Duress, Necessity, Emergency or Factual Dispute.
If you didn’t know that your licence was suspended or disqualified then you may have a defence. If you didn’t, whether that belief was a reasonable one to have in all the circumstances is a question that can only be answered after speaking to an experienced traffic law expert who routinely handles these types of cases.