Repeat Suspension
The individual has been caught two times driving while their licence was suspended in New South Wales, with the initial suspension stemming from being a Provisional 2 licence holder and failing to follow necessary display rules while operating a vehicle. They were aware of the suspension during the second incident, and there are prior driving infractions. Both events occurred while they were driving to their place of employment, and financial hardships have hindered their ability to pay for registration renewals and fines in a timely manner. Despite maintaining full-time employment, they are concerned about the future impact of these offences on their ability to obtain a full driver’s licence, although efforts have been made to rectify the situation by settling fines.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential penalties for being caught driving with a suspended licence twice in New South Wales?
In New South Wales, being caught driving with a suspended licence can lead to significant penalties, especially for repeat offences. For a second offence, penalties may include a fine of up to $5,000 and possible imprisonment for up to 12 months. The court may also impose longer disqualification periods that complicate the process of regaining your licence. The nature of your provisional licence and financial challenges might be considered, but the repeated offences and previous convictions could heavily influence any judicial decision. Legal representation is advisable to effectively present any mitigating factors.
Is there a possibility of avoiding jail time for these offences, and what defences could be applicable to my case?
There is a possibility of avoiding incarceration for driving with a suspended licence, particularly if presenting mitigating circumstances. Factors such as financial hardship, necessity of driving for work, or lack of awareness about the suspension may play a role. Demonstrating efforts like paying fines or taking remedial driving courses could also positively impact the court's perception. Seeking legal guidance for tailored strategies is crucial, as penalties can vary significantly based on circumstances.
How will my provisional licence status affect the penalties for these driving offences?
Being a Provisional 2 licence holder in NSW can lead to harsher penalties. Provisional licence holders face more stringent regulations, and infractions can result in extended suspension durations and additional demerit points, delaying progression to a full licence. The court may take your prior misdemeanours into account, influencing penalty severity. Given your financial difficulties, seeking advice about options like a Work and Development Order to manage outstanding fines could be beneficial.
What steps can I take now to potentially mitigate the severity of the penalties?
To potentially reduce penalties, consider the following steps: 1. Seek Legal Advice: Consult with a solicitor skilled in traffic law to uncover possible defences. 2. Attend a Traffic Offenders Program: Completing such a program could show the court your commitment to improving your driving behaviour. 3. Demonstrate Financial Hardship: Present evidence of financial difficulties to the court, which may lead to leniency. 4. Character References: Collect references from employers or community members that vouch for your responsible character. 5. Payment Plans: If fines are outstanding, establishing a payment plan with relevant authorities can demonstrate your intention to address debts.
Will these offences impact my ability to obtain a full driver’s licence in the future, and if so, how?
These offences may adversely affect your chances of securing a full driver's licence down the line. In New South Wales, accumulating severe traffic violations, especially with a provisional licence, could lead to further suspensions or disqualifications. The Roads and Maritime Services evaluates your driving history when considering eligibility for a full licence. Given your situation, you might experience a prolonged provisional period or additional stipulations to obtain a full licence.
