Driving While Licence Suspended in Canberra

In Canberra, driving while your licence is suspended carries serious legal consequences, even if you didn’t know your licence had been cancelled. Under the Road Transport (Driver Licensing) Act 1999, driving during a suspension is considered a strict liability offence. Penalties can be surprisingly severe, and a single lapse could have long-term impacts on your life and career.

It’s a common misconception that “as long as nothing happens, it’s fine.” In reality, even a single, unintentional breach can lead to hefty fines, imprisonment, or an extended disqualification period. If you’re charged, understanding your legal obligations and knowing your options is critical.

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What Happens if You Drive While Suspended in Canberra

Canberra treats driving while suspended very seriously. The penalties include:

Maximum penalties:

• First offence: 50 penalty units and up to 6 months’ imprisonment
• Subsequent offence: 100 penalty units and up to 12 months’ imprisonment

On top of this, a conviction automatically adds to your disqualification period.

Minimum additional disqualification periods:

‍It is important to note: If you’re already serving a disqualification, any new suspension starts after the existing one ends. This means your total time off the road could be significantly longer, affecting your work, study, and daily life.

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Can You Defend a Driving While Suspended Charge?

One of the few potential defences available is the Honest and Reasonable Mistake of Fact. To succeed, you must prove:

• You genuinely believed your licence was valid.
• That belief was reasonable in the circumstances.

In practice, this is difficult.

• If you genuinely never received a suspension notice, that may be easier to show.
• But proving that your ignorance was “reasonable” is much harder.

Access Canberra routinely sends suspension notices. Courts rarely accept excuses such as failing to check your mailbox, not updating your address, or overlooking emails. Simply claiming “I didn’t see the notice” is almost never enough.

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Even If the Defence Fails, You Can Still Minimise Consequences

Not being able to use this defence doesn’t mean the end of the road. At Brightstone Defence Canberra, we regularly help clients secure Section 17 non-conviction outcomes, which means:

• You are found guilty without a recorded conviction
• Your licence is not further disqualified
• Your career, visa status, insurance, and other future opportunities are not affected

This approach allows you to face a charge without it derailing your life.

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How We Help Clients

To achieve the best results, our traffic defence lawyers typically:

• Prepare compelling sentencing submissions
• Present your personal circumstances to the court clearly
• Demonstrate that the breach was not intentional
• Highlight the practical impact of disqualification on your life and work
• Provide positive character references and supporting documents

These strategies have helped many clients avoid convictions and extended suspensions, protecting both their licence and their future.

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What to Do If You're Charged

If you’re facing a driving while suspended charge, do not try to handle it alone. The sooner you get professional legal help, the better your chances of a favourable outcome.

Whether the suspension is due to:

• Unpaid fines
• Demerit points
• Missed correspondence from Access Canberra
• Or simply being unaware your licence was suspended

our Canberra criminal defence and traffic lawyers can develop a strategy tailored to your situation, helping you protect your licence and your future.

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