A person’s authority to drive on a Queensland road can be removed for a large variety of reasons. On occasions, a person may simply forget to renew their license that had recently expired. In these types of proceedings, an individual will often be charged with an offence of unlicensed driving.
A person’s license may also be suspended for a number of different reasons. These reasons include having a license suspended due to a SPER debt remaining outstanding, or having a license suspended due to the accumulation of demerit points. In those circumstances, an individual is not permitted to drive. If an individual drives during a period of suspension, they will be charged with a relevant offence, and be required to appear in a Magistrates Court.
Depending on the particular charge, an individual who is caught driving whilst suspended must, in addition to the substantive penalty imposed by the Court, lose their license for a period of time. There are minimum periods of disqualification that the court must impose, however, the Court can impose lengthier periods of disqualification, depending on the particular circumstances of a matter.
Once a Court imposes a period of disqualification of a person’s license, they will be classified as being disqualified by an order of the Court. Any individual who is caught driving whilst disqualified will be charged with an offence of disqualified driving. The consequences associated with offences of this nature can be quite significant, and can involve periods of imprisonment being imposed, even on first time offenders. In addition to the substantive penalty imposed, the Court must impose a further disqualification period of two (2) years from the date the matter is finalised in Court.
Creevey Russell Lawyers routinely represents individuals facing disqualified driving, unlicensed driving, and driving whilst suspended charges. Our team of lawyers have detailed knowledge of the relevant law, and can promptly provide you with representation for all types of traffic proceedings.