Never had a valid driver's licence (never licenced in Australia)
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Elements the Prosecution Must Prove
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Possible Defences
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Potential Penalties
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Legal Process
& Options
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Pleading
Not Guilty
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Pleading
Guilty
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It is a criminal offence under section 54 of the Road Transport Act 2013 (NSW) to drive a motor vehicle while your driver licence is:
- Suspended (temporarily withdrawn)
- Disqualified (by a court or authority from holding a licence)
- Cancelled (revoked and no longer valid)
- Yes, if convicted. A finding of guilt will usually result in a criminal conviction, which may affect employment, travel, and future court matters. In limited circumstances, you may receive a non-conviction order (e.g., a section 10 dismissal)
- Yes. If convicted, you will be disqualified from driving for a minimum period set by law. The court may reduce the disqualification to the minimum allowable, but cannot remove it entirely
You may have a defence if you can show that you genuinely did not know, and could not reasonably have known, that your licence was not valid. This is a factual defence and will depend on the evidence
The court will proceed to sentence you, considering your:
- Driving history
- Circumstances of the offence
- Level of cooperation and remorse
- Whether you’ve done a Traffic Offender Program
You may receive a reduced penalty for pleading guilty early
- The matter will go to a hearing, where the prosecution must prove the offence beyond reasonable doubt. If the court accepts your defence, the charge will be dismissed.
- Contact Brightstone Defence Criminal Lawyers for expert guidance and immediate support to protect your rights and explore the best defence strategy
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