What the Law states - Unlicenced Driving-Disqualified By Immediate Disqualification
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-Disqualified By Immediate Disqualification
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 immediate disqualification that was imposed by a police officer upon being charged with another traffic offence.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Maximum Penalty - Unlicenced Driving-Disqualified By Immediate Disqualification
Maximum penalty - 40 penalty units or 1 year's imprisonment.
Maximum Licence Disqualification - 5 years.
Penalty unit = $100.00
Which court will hear the matter - Unlicenced Driving-Disqualified By Immediate Disqualification
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-Disqualified By Immediate Disqualification
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 by immediate disqualification
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 by immediate disqualification
Criminal Law Article written by Bill Potts (Queensland criminal defence lawyer who is experienced in Traffic Offence matters)
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