Our modern world is fast-paced; everyone, young and old, has places to go and people to see. With the amount of driving we do, you may get flagged for doing something wrong in traffic. It happens.
In some cases, you might receive a traffic infringement notice. It can throw your day off kilter, but ultimately you will pay a fine. On another occasion, you may be charged with an offence requiring you to appear in court. Unlicensed driving can be one of these offences.
If you’re faced with this traffic offence, you’ll want the best traffic lawyers in Brisbane on your side. An experienced attorney will help you understand your rights and what legal options are available for you to pursue.
What is Considered As Driving Without a License?
Under Queensland law, driving a motor vehicle without a driver’s licence on the road is a crime. What does that mean exactly?
Most people correctly assume it means driving without going through the process of obtaining a permit. However, there are many other ways Queensland considers you to be unlicensed. They include:
- Your licence expired and hasn’t been renewed.
- You have voluntarily given up your licence.
- Your licence was suspended or cancelled by the Department of Transport and Main Roads or the Queensland Police Service.
- Your licence was suspended or cancelled due to medical conditions that make you unfit to drive safely.
- You don’t have the proper class of licence for the type of vehicle you drive.
- Your license was suspended because of an excess of unpaid fines, demerit points or a high-speed offence.
- Your licence was immediately suspended, or you’ve been disqualified due to a drink driving or drug driving offence.
- You completed a period of disqualification but have yet to obtain a driver’s licence before driving again.
What Are the Penalties for This Offence?
Depending on the specific facts, you may receive an infringement notice, or you may have to go to court for unlicensed or disqualified driving.
In addition, if convicted of unlicensed driving, the court has to disqualify you from holding a driver’s licence for a stipulated period between 1 and 6 months depending on the offence. You may also be fined more than $5,700 or even go to prison for up to 1 year.
Please also have condiseration to the fact that a charge of driving unlicensed is different to a charge of disqualified driving. A charge of disqualified driving has significantly higher penalties.
Therefore, unlicensed driving can be a serious offence. To present the best possible defence to the charges against you, you’ll want to consult with the best traffic lawyers in Brisbane.
Conclusion
Whether it is your first charge or if you are a repeat offender, experienced counsel is crucial. The best traffic lawyers in Brisbane can provide a realistic assessment of your situation and the penalty you may face and guide you on the best path forward.
If you encounter an unlicensed driving charge, you may have several arguments in your defence. A defence may help you receive a lesser sentence or even avoid conviction.