Licence Offences

Driving without an appropriate licence can result in harsh penalties. Not being able to drive even for a short period can be incredibly difficult – not only could you lose your independence, but you may lose your job or your traineeship. In certain circumstances, driving without a licence can attract a prison sentence.

There are 2 different kinds of licence offences:-

• Drive while unlicensed/never licensed
• Drive while suspended, disqualified, cancelled or refused

It is your responsibility to renew your licence on time. Not receiving a reminder letter in the mail, is will not be considered a valid excuse. You can check when you need to review your licence here.

Penalty Notice – Driving Unlicenced

You may receive an infringement notice specifying a fine and/or demerit points if you are caught driving with an expired licence, or with the incorrect licence. If you receive a penalty notice you can:-

• Pay the fine and accept the demerit point penalty.
• Request a review of the infringement notice.
• Take the matter to court if needed.

If you choose to pay the fine and accept the penalty, you should check that it will not result in your losing your licence via demerit points. You can do this online here.

If you choose to request a review or go to court, we can assist you – check out our infringement notice page for more information.

Driving Unlicenced

You are unlikely to simply receive an infringement notice if your offence is more serious in nature, for example if you have been caught driving and:-

• have never held a licence.
• have never held a licence of the type you need to operate the vehicle you were driving.
• have not held a licence for a lengthy period.

In these situations, you will at the least attract a hefty fine, and at worst, a sentence of imprisonment. As the consequences are so severe, you should get legal advice about how to best present your case in court.

Drive whilst suspended, disqualified, cancelled or refused

Driving when your licence is suspended, disqualified, cancelled or refused is treated very seriously by the court. In these situations, you will at the least attract a hefty fine, and at worst, a sentence of imprisonment. You can also potentially end up with a criminal record.

There are potential defences available, including ‘honest and reasonable mistake’ (where you didn’t know that your licence was suspended at the time you were driving).

If you have been charged in these circumstances it is important to get legal advice as soon as possible so you can consider your options.

If you have been charged with a licence offence, contact our criminal and traffic lawyer today for a free initial 15 minute telephone consult.