What the Law states - Unlicenced Driving-Accummulation Of Demerit Points
Section 78 of the Transport Operations (Road Use Management) Act Queensland states:
(1) A person must not drive a motor vehicle on a road unless the person holds a driver licence authorising the person to drive the vehicle on the road.
What the Police must prove - Unlicenced Driving-Accummulation Of Demerit Points
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
The accused:
- (1) Was a driver of a motor vehicle on the road; and
- (2) Did not hold a driver licence authorising them to drive the vehicle on the road; and
- (3) Did not hold a driver licence due to disqualification resulting from an accumulation of demerit points.
Maximum Penalty - Unlicenced Driving-Accummulation Of Demerit Points
Maximum penalty - 40 penalty units or 1 year's imprisonment.
Maximum Licence Disqualification - 6 months.
Penalty unit = $100.00
Which court will hear the matter - Unlicenced Driving-Accummulation Of Demerit Points
Under section 3(5) of the Criminal Code Act Queensland this offence is classed a simple offence and therefore may be heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland.
Possible Defences - Unlicenced Driving-Accummulation Of Demerit Points
Possible defences to this offence include but are not limited to
1. The accused held a valid licence authorising him/her to drive
2. The accused did not hold a valid licence but was not driving on the road
3. The accused was not in fact disqualified as a result of an accumulation of demerit points
4. Duress - example: there was a threat of violence against the accused or some other person that the accused reasonably believed would be carried out if they did not drive.
5. Necessity - example: there was an extraordinary emergency
6. Insanity
7. Identification i.e. the accused was not the driver
8. Mistake of fact - example: The accused held an honest and reasonable, but mistaken belief that he/she was not disqualified from driving as a result of an accumulation of demerit points
Criminal Law Article written by Bill Potts (Queensland criminal defence lawyer who is experienced in Traffic Offence matters)
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