Unlicensed Driving

Driving unlicensed is the sort of charge regularly heard in the Magistrates Court.

Apart from imprisonment and/or fine, the Court may also – as an alternative or additional sentence, impose immobilization of motor vehicle depending on the specific circumstances as listed in the section.

This charge is generally laid in situations where a person drives a motor vehicle on a highway without holding a drivers licence or permit or where a person drives a motor vehicle on a highway in breach of any condition of a drivers licence or permit.

In essence to prove this charge the Police must show that the accused drove a motor vehicle on a highway and at the time was unlicensed or in breach of a license condition.

Defences to driving unlicenced can include a factual dispute or an emergency.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 18 of the Road Safety Act 1986.

Possible Defences

  • Honest and Reasonable Mistake of Belief
  • Necessity
  • Factual Dispute and Concept of Beyond Reasonable Doubt

Penalties

  • Deferral of Sentencing
  • Diversion
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

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