Suspended License Issue
The individual was caught driving on a suspended license in New South Wales in 2024 while holding a provisional license. This incident is the first occurrence of driving while suspended, with prior suspensions related to traffic violations. At the time, the individual was aware of the suspension and was driving due to an urgent need to assist a family member. They have a court date set for early 2025 and have not yet prepared for the court appearance or collected character references to support their case.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential penalties for driving on a suspended license in New South Wales?
In New South Wales, driving on a suspended license can result in fines up to approximately $3,300 and/or imprisonment for up to 18 months, especially if it is not a first offence. The court takes into account prior infringements, including previous suspensions, when determining penalties.
Is there a possibility of avoiding imprisonment, and what factors might influence the court's decision?
It is possible to avoid imprisonment for driving on a suspended license, particularly for a first-time offence. Influencing factors may include mitigating circumstances like the necessity of driving for an urgent situation, demonstrations of remorse, and the absence of previous serious offences.
How does my previous history of license suspension impact my current situation?
The history of prior suspensions will be a significant factor in the current case. Courts tend to view prior offences as indicators of behavior patterns, which may lead to harsher penalties.
Are there any legal defences available that could lessen the penalties?
Legal defences may include demonstrating a lack of intent to commit the offence or presenting compelling personal circumstances, such as urgency. The possibility of a Section 10 dismissal, which may prevent a conviction from being recorded, can also be explored.
What steps should I take before the court hearing to potentially improve my outcome?
Before the court hearing, consider taking steps including seeking legal advice, gathering character references, preparing a clear explanation of the circumstances, completing a traffic offender program, and demonstrating remorse and compliance with traffic regulations.
