License Suspension Defense
The client has received a court attendance notice for a traffic offence involving driving with a suspended licence. The client was unaware of the suspension due to being overseas and a change of address, which they did not notify to the relevant authorities. The incident occurred in New South Wales. The client has no prior convictions related to traffic offences, and there were witnesses to the incident.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential penalties for driving while my licence was suspended in New South Wales?
In New South Wales, driving while your licence is suspended is considered a serious traffic offence. Penalties can include a fine of up to $3,300, and/or imprisonment for up to six months for a first offence, with penalties increasing for subsequent offences. The court may also impose a further licence disqualification period. Factors such as the reason for the suspension and your driving history can influence the penalty. Given you have no prior convictions, this could be a mitigating factor. It may be beneficial to seek legal advice to explore options for a more favourable outcome.
How can I demonstrate to the court that I was unaware of my licence suspension due to being overseas and having moved house?
To demonstrate to the court that you were unaware of your licence suspension due to being overseas and having moved house, you should provide evidence such as travel documents proving your absence from the country during the relevant period and submit documents that show your change of address, like a rental agreement or utility bills from your new residence. It's also important to explain why you didn't notify the relevant authorities of your address change. Highlight any efforts you made to check your licence status upon your return.
Is it possible to have the charge reduced or dismissed given the circumstances of not receiving the suspension notice?
In New South Wales, it might be possible to have the charge reduced or dismissed if you can convincingly demonstrate to the court that the lack of notice resulted from circumstances beyond your control. You could argue that there was no intent to drive unlawfully, and emphasising that you have no prior traffic convictions could strengthen your position. You may also consider applying for a dismissal, which allows the court to dismiss the charges without recording a conviction if the court is satisfied with your explanation.
What documentation should I prepare and bring to the court hearing to support my case?
To support your case, you should prepare and bring documentation such as proof of travel, documentation showing the date you moved, character references, witness statements, and a record showing your clean traffic offence history. These documents will help demonstrate your lack of knowledge about the suspension.
Are there any specific defences applicable to cases involving unintentional driving with a suspended licence in NSW?
In New South Wales, a possible defence could involve demonstrating that you were genuinely unaware of the suspension, and that a reasonable person in your circumstances would not have known about it. This requires proving you did not receive the suspension notice and that you had no intention of driving unlawfully.
