Brisbane
Level 1/420 George St,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS

Facebook


Instagram

Twitter


Linkedin

YouTube

 

Driving Unlicensed

Potts Lawyers > Traffic Lawyers > Driving Unlicensed

What is unlicensed driving? 

In Queensland it is an offence to drive without holding a valid driver license. A person is charged with this offence in a number of circumstances which are outlined below.

If you have been disqualified from holding a driver’s license by the courts, you may be eligible to apply for a restricted license. There are two main types of restricted license – Work Licenses and Special Hardship Order Restricted Licenses.

To be eligible for a Work License, the court must be convinced that, without a driver’s license, you or your family would experience “extreme hardship” due to a loss of livelihood. Work Licenses can be restricted in a number of ways, including the class of vehicle you are allowed to drive, the purpose for the vehicle being driven, and the time period you are allowed to drive within. Special Hardship Orders are similar, but they are for a reason other than the threat of loss of livelihood.

The law is very strict about the criteria for license appeals. There are a number of tests that you must pass, and your appeal must be made within a strict time limit. We recommend that you contact an experienced traffic lawyer as soon as possible once your license is suspended.

What kind of penalty will I be given for this offence?

The penalty for this offence usually involves both a fine and a period of driver license disqualification.

The legislation requires a period of mandatory disqualification. This means that the courts have no choice but to impose at least a minimum period of disqualification stated in the legislation.

The below table sets out some of the circumstances in which people can be charged with this offence and the penalties that apply:

Offence

Circumstances

Mandatory License Disqualification

Maximum Penalty

 

Unlicensed driving

 

 Simplicitor – no suspension or disqualification at time of offence.  Disqualification is discretionary and not mandatory.  $4,712 or 1 year imprisonment.
 Person never held a license.  3 months  $4,712 or 1 year imprisonment.
 Demerit points suspension at the time of the offence.  6 months  $4,712 or 1 year imprisonment.
 High speed suspension (more than 40km/h over speed limit) at the time of the offence.  6 months  $4,712 or 1 year imprisonment.
 SPER suspension (Qld or non-Qld license) at time of the offence.  1-6 months  $4,712 or 1 year imprisonment.
 Prior conviction for unlicensed driving in previous 5 years  1-6 months  $4,712 or 1 year imprisonment.

 

Disqualified driving

 

 

 Disqualified by court order at time of the offence.  2-5 years  $7,068 or 18 months imprisonment.
 Disqualified as a result of drink driving under s 79B at the time of the offence.  2-5 years  $4,712 or 1 year imprisonment.

It is important to remember that the maximum penalties are reserved for the most serious examples of offences. Courts will consider a number of factors including your traffic history and personal circumstances before deciding the appropriate penalty in your case.

Is there any special license I can apply for to allow me to keep driving?

Unfortunately there is no special license that allows you to continue driving if you are suspended as a result of an unlicensed driving charge.

This is why it can be advisable to engage a solicitor to assist you with the matter. Having a solicitor can ensure that all your relevant circumstances are placed before the court when they make their decision about the penalty.

Driving Unlicenced Charges

For more information on any of the following offences, click through and read our article written by practicing criminal lawyers.

Should I get a lawyer for my unlicensed driving charges?

We understand losing your license can have very serious consequences on your employment and day-to-day living. If you will experience severe difficulty without your license engaging a solicitor can help to ensure you receive the best outcome possible.

Our solicitors are highly experienced advocates who frequently appear on behalf of people charged with this offence. They are able to tailor highly persuasive, relevant submissions designed to ensure the court understands your unique personal circumstances and will appreciate the serious consequences the loss of your license will have on you and your family.

Driving Unlicenced Lawyers

Potts Lawyers have a number of lawyers who practice in the area of unlicenced driving charges. To read more about them, click on their names in the table below.

Do you need legal help or consultance? Contact us now.

Contact us now

free consultation