Driving Whilst Suspended or Disqualified

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

Driving while your licence is suspended or disqualified is one of the most aggravating driving charges in the ACT. The conduct demonstrates disregard for an existing court or administrative order, and courts respond accordingly. Andrew Byrnes Law Group defends suspended and disqualified driving charges across the ACT Magistrates Court. Deliberately Different.

Suspended and disqualified driving under ACT law

The principal statute is the Road Transport (Driver Licensing) Act 1999 (ACT). The offences differ depending on the reason your licence is not current:

• Driving while disqualified — driving where a court has imposed a disqualification
• Driving while suspended — driving while administratively suspended (demerit points, fines, infringement-related suspension)
• Driving while cancelled — licence cancelled by the Registrar
• Driving never licensed — driving where no licence has ever been held

Maximum penalties

For a first offence of driving while disqualified, the maximum penalty includes a substantial fine, imprisonment, and a further mandatory disqualification period. Subsequent offences attract higher fines, longer disqualifications, and a real risk of custody. Administrative suspension offences are generally less serious than disqualified driving but still significant.

What police must prove

• The accused was driving a motor vehicle on an ACT road or road-related area
• At that time, the accused's licence was suspended, disqualified or cancelled
• The accused was aware, or ought reasonably to have been aware, of the suspension or disqualification

Charged with driving while suspended or disqualified in the ACT? Call (02) 6210 1075 before pleading.

Defences available in the ACT

• No knowledge of suspension — limited application; notice provisions in the Road Transport (Driver Licensing) Act 1999 (ACT) often defeat this
• Honest and reasonable mistake — defective notice, address on record not current
• Identification — was the accused the driver
• Not driving on a road or road-related area — narrow private property carve-out
• Necessity — driving to avoid imminent harm

Sentencing considerations

Sentencing under the Crimes (Sentencing) Act 2005 (ACT) gives the court a full range of options, but the conduct is generally treated as aggravating because the accused was already on notice not to drive. ABLG focuses on the precise circumstances of the driving (single short trip vs ongoing pattern), the reason for the disqualification, rehabilitation and any unfairness in the underlying notice.

Why early advice matters

Strategic decisions made at first mention shape the outcome. In some cases a fresh disqualification can be served concurrently with an existing one; in others the court will start a new disqualification at the end of the existing one. The difference can be many months. Get legal advice before any plea is entered.

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.