Canberra & the ACT · Traffic
Driving while disqualified or suspended in the ACT.
Driving while disqualified or suspended is treated seriously in the ACT because it is driving in defiance of a court or a licensing decision. It carries imprisonment and a further disqualification. Whether you knew, and whether you were driving, are the issues.
- First offence50 pu / 6 monthss 32, or both
- Repeat100 pu / 1 yearOr both
- PlusFurther disqualificationAutomatic
- CourtMagistrates CourtSummary
The ACT offence.
The offence is driving in breach of a court disqualification or a suspension. It is treated seriously because it defies a court or a licensing decision, and a repeat offence carries a real risk of imprisonment. A penalty unit is a fixed dollar amount set under the Legislation Act 2001 (ACT) and updated from time to time, so the dollar figure should be checked against the current value.
Penalties and where the matter is heard.
These are summary matters heard in the ACT Magistrates Court, with a further disqualification on conviction. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), and the reason for driving, the driving record, and the circumstances all bear on the outcome.
Defences and issues that matter.
Knowledge of the disqualification.
Where a person genuinely did not know they were disqualified or suspended, for example because a notice was not received, that can answer the charge. Whether the person knew is examined.
Driving.
The prosecution must prove the person was driving. Where that is in issue, it is tested.
The subjective case and necessity.
The reason for driving, and any genuine emergency, are prepared, because they bear on the sentence and can, rarely, provide a defence.
How the matter is run.
The work is to check whether the person knew of the disqualification, to test the driving where it is in issue, and to prepare a subjective case that puts the driving in context and protects against imprisonment on a repeat matter. A licence-conscious approach is taken throughout.
Frequently asked.
What is the penalty for driving while disqualified in the ACT?
For a first offender, 50 penalty units, 6 months imprisonment, or both, under s 32 of the Road Transport (Driver Licensing) Act 1999 (ACT). For a repeat offender, 100 penalty units, 1 year, or both, with a further disqualification on conviction.
Is not knowing I was disqualified a defence?
It can be. Where a person genuinely did not know they were disqualified or suspended, for example because a notice was not received, that can answer the charge. Whether the person knew is examined.
Will I go to jail for driving while disqualified in the ACT?
It is a real risk, especially for a repeat offence, because imprisonment is available. A strong subjective case and the reason for driving are prepared to protect against a custodial outcome.
Where is this charge heard in the ACT?
In the ACT Magistrates Court, as a summary matter, with a further disqualification on conviction.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019