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Unlicensed Driving Lawyers Cairns, Brisbane, Gold Coast
Lawyers for unlicensed driving in Queensland
Being charged with unlicensed driving can feel like a simple licensing problem. But in Queensland, it can be much more serious. Depending on the circumstances, you may need to attend court and, if convicted, face a fine, licence disqualification or even imprisonment.
The severity of unlicensed driving often depends on why you weren’t licensed in the first place: an expired licence, a demerit-point suspension and a court-ordered disqualification don’t carry the same consequences.
That’s why, if you receive an infringement notice or are charged with unlicensed driving, the first step is to identify the exact status of your licence at the time you were behind the wheel.
Osborne Butler’s traffic lawyers can check the charge, explain the available options and help you deal with the matter strategically so that you reach a better outcome.
Call us if you're facing unlicensed driving charges
At Osborne Butler Lawyers, we’re experienced in defending all types of unlicensed driving across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.
We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.
Use the form to ask us anything. We’ll respond in 24 hours.
What is an unlicensed driving charge in Queensland?
Section 78 of the Transport Operations (Road Use Management) Act 1995 makes it an offence to drive a motor vehicle on a road unless you hold a driver licence that authorises you to drive that vehicle on that road.
You can therefore be charged with unlicensed driving even if you hold a licence, because the issue is whether, at the time you were charged, your licence:
- was current
- was valid in Queensland, and
- covered the class of vehicle you were driving.
Unlicensed driving covers multiple scenarios
The charge of unlicensed driving covers a range of behaviours, from driving with a recently expired licence through to driving while suspended or after a court has disqualified you.
Some first-time, less serious forms of unlicensed driving are often dealt with by an infringement notice. However, if you’re charged with unlicensed driving in more serious circumstances you must go to court. This includes where you’ve never held a driver licence.
What’s the difference between unlicensed, suspended and disqualified driving?
While the terms are often used interchangeably in ordinary conversation, in Queensland there’s a genuine legal distinction between unlicensed, suspended and disqualified driving.
Unlicensed driving
This is the broad offence of driving without a licence that authorises you to do so. It includes:
- driving with an expired licence
- driving without ever having held a licence
- driving with the wrong class of licence for the vehicle you’re operating, and
- driving after your licence has been suspended or withdrawn.
Suspended driving
This usually means you still have a licence but your right to drive has been taken away for a period of time.
In Queensland, suspensions often arise as a result of demerit points, excessive speeding, unpaid fines or medical issues. You may also face an immediate suspension if you’re charged with drink driving or drug driving.
Read more about driving while suspended
Disqualified driving
Disqualified driving generally means you’ve been prohibited from holding or obtaining a licence, usually because of a court order. Driving in breach of a court-ordered disqualification is treated more seriously and carries higher maximum penalties.
Do not assume the description used at the roadside tells the whole story. Your traffic history, notices from Transport and Main Roads or SPER, previous court orders and the dates on which they took effect may determine the correct category.
What penalties apply for unlicensed driving?
For unlicensed driving other than driving during a court-ordered disqualification, generally the maximum penalty is 40 penalty units ($6,908) or one year’s imprisonment, under section 78(1)(b) of the Transport Operations (Road Use Management) Act 1995.
However, if you’ve committed the offence while disqualified, the maximum penalty increases to 60 penalty units ($10,362) or 18 months’ imprisonment.
You need to remember these are statutory maximums and not the automatic outcome in every case. Instead, if you’re convicted of unlicensed driving, your sentence will depend on factors including:
- the reason you were unlicensed
- your traffic history
- how and why you drove
- whether there are any related offences, and
- the circumstances of your offence.
When does an infringement notice apply?
A first incident of unlicensed driving is sometimes dealt with by an infringement notice rather than a court. However, infringement notices aren’t allowed where:
- you drove without a licence because you never held one, or
- you’ve already been charged with unlicensed driving in the two years before you committed the offence.
When is licence disqualification mandatory for unlicensed driving?
If you’re convicted of unlicensed driving, the court must disqualify you from driving in certain circumstances.
Circumstances | Section of Act that applies | Mandatory penalty of disqualification |
Never having held a driver licence | s 78(3)(k) | Three months |
Repeated unlicensed driving (i.e. more than one s 78(1) conviction within the past five years) | s 78(3)(h) | One to six months |
Driving while suspended under the State Penalties Enforcement Act 1999 | s 78(3)(f) | One to six months |
Driving during a demerit-point or more-than-40km/h-over suspension or disqualification | s 78(3)(b)-(e). | Six months |
Driving while disqualified by a court order | s 78(3)(b)-(e). | Two to five years |
What are the penalties for repeated unlicensed driving?
Under section 78 of the Act, a repeat unlicensed driver is someone convicted of unlicensed driving, who has already been convicted of the same offence within the past five years.
If you’re a repeated unlicensed driver, the court must impose a further disqualification of between one and six months. The court can also impose a fine and, if it determines that the offence is serious, a prison sentence of up to one year.
In determining what penalty to apply, the court will consider:
- the circumstances of the offence
- the public interest
- your criminal and traffic history
- any relevant medical history or evidence about your capacity, and
- whether your unlicensed driving was connected with another offence.
The court will generally treat repeated unlicensed driving more seriously if you deliberately ignore a prohibition, such as suspension or disqualification.
What are common reasons a person may be unlicensed?
Most often, when someone drives while unlicensed, it’s for one of the following reasons.
1. Driving with an expired licence
In Queensland, your licence is no longer valid after its expiry date, even if you intended to renew it. Often, where your licence has expired recently, police will issue an infringement notice, as well as a limited permit to drive to a stated place. However, this only authorises the driving stated in it.
2. Never holding a licence
If you’ve never held a licence, you can’t receive an infringement notice for unlicensed driving under section 78. Instead, the matter will go to court and, if you’re convicted, you’ll face a mandatory three-month disqualification.
3. Using the wrong licence class
Your licence must always authorise you to drive the particular vehicle you’re controlling, otherwise you’re driving while unlicensed. For instance, you’ll be unlicensed where you hold only a standard car licence but you drive a motorcycle, truck or other vehicle requiring a different licence class.
4. Overseas or interstate licences
In many circumstances, you can legally drive on Queensland’s roads with a current interstate or overseas licence. However, there are some conditions. For instance, your authority to drive under a licence from another jurisdiction can be affected if you’re a Queensland resident, if you hold a different category of licence from the vehicle you’re operating, or if your licence has been cancelled or suspended.
If you’re driving in Queensland on an overseas licence, you should always keep the original licence, any translation, visa or residency records, entry dates and correspondence from Transport and Main Roads. These documents can be central to whether the prosecution can prove you were unlicensed.
What should you do if you have been charged with unlicensed driving?
If you’re charged with unlicensed driving in Queensland, what you do next can affect the outcome of your charge, including how long you’re unable to drive.
1. Stop driving until you’ve confirmed you’re legally authorised to do so
Don’t drive again until you’ve confirmed that you hold a valid driver licence. Getting back behind the wheel when you’re not allowed to could result in another charge and a longer period of disqualification.
2. Get legal advice as soon as possible
Unlicensed driving covers a wide range of circumstances. Driving with a recently expired licence usually leads to a very different outcome from driving while suspended, driving after being disqualified by a court or driving without ever having held a licence.
A traffic lawyer can help you understand why you were considered unlicensed, explain the penalties that apply and advise whether you should plead guilty or contest the charge. This is particularly important if you have a previous unlicensed driving conviction or believe your interstate or overseas licence allowed you to drive.
3. Don’t ignore the notice or court date
Some unlicensed driving offences can be dealt with by an infringement notice, while others require you to attend court.
Read any documents carefully and make a note of any payment deadline or court date. If you receive an infringement notice and you’re thinking about challenging the offence, make sure you get legal advice before paying any fine.
If you must attend court and fail to appear, the matter may be dealt with without you.
4. Gather documents relating to your licence
If your licence status is important to your case, gather documents that support your position. This might include renewal receipts, suspension notices, correspondence from Transport and Main Roads or SPER, previous court orders and copies of any interstate or overseas licence.
Even if you’re relying on an overseas licence, you may also need evidence showing when you arrived in Queensland, your residency status and whether the licence was current when you drove.
5. Prepare properly if your matter is going to court
If you intend to plead guilty, preparing properly can still affect the penalty you receive. For instance, a lawyer is likely to talk to you about:
- character references
- evidence of your need for a licence
- an explanation of why you chose to drive, and
- evidence of any steps you’ve taken to prevent the situation from happening again.
Because some forms of unlicensed driving carry mandatory disqualification periods, it’s important to understand the likely consequences before entering your plea.
Can you get a restricted or work licence?
Not usually. A Queensland restricted licence, commonly called a work licence, is generally only an option for eligible people who’ve been disqualified after certain drink or drug driving offences. You can’t normally get one for unlicensed driving, even where losing the ability to drive will affect your job.
A special hardship order is different but also unlikely. It’s usually limited to particular licence suspensions, most notably a suspension for accumulating points during a good driving behaviour period or for driving more than 40km/h over the speed limit. It doesn’t allow someone to drive during a court-ordered disqualification for unlicensed driving.
If you’re facing mandatory disqualification for unlicensed driving, you may only be able to resume driving if you can prove the offence isn’t made out or that the incorrect category has been applied. Otherwise, you’ll need to present the strongest lawful case on penalty.
That’s why it’s vital you speak with an experienced traffic lawyer as soon as possible.
Understanding your rights and possible defences
If you’ve been charged with unlicensed driving, the prosecution must prove beyond reasonable doubt that you drove a motor vehicle on a Queensland road and didn’t hold a driver licence that authorised you to do so.
However, the defences available to you will depend on the facts and may include that:
- you were not driving the vehicle at the time or the prosecution can’t reliably identify you
- you were not driving on a “road” for the purpose of the Act
- you held a valid Queensland, interstate or overseas licence that authorised you to drive the vehicle
- the alleged suspension, cancellation, withdrawal or disqualification was not legally in force at the time
- the prosecution has incorrectly classified your licence status or prior history, or
- another specific statutory or evidentiary issue applies.
Not knowing that your licence had expired or been suspended isn’t automatically a defence. However, the validity and service of notices, the effective dates and the surrounding circumstances can still be relevant. So an experienced traffic lawyer will review all the evidence before advising you to plead guilty or contest the charge.
When should you contact a traffic lawyer?
If you’ve been given a notice to appear for unlicensed driving, it’s important to contact a traffic lawyer as early as possible.
That’s especially true if you have a previous unlicensed-driving conviction, were driving during a suspension or disqualification, have never held a licence, rely on an interstate or overseas licence or believe the licensing record is wrong.
You should also obtain advice before paying an infringement notice if:
- you’re considering challenging, or
- doing so could impact another charge, licence process or current court matter.
Early advice gives your lawyer time to obtain records, test the prosecution case, identify mandatory consequences and prepare evidence about your circumstances. Waiting until the court date can remove practical options and make it harder to present the matter properly.
How can a traffic lawyer help?
An experienced traffic lawyer can:
- explain whether the matter can be dealt with by infringement notice or requires court
- check the charge, prosecution evidence, notices, court orders and traffic history
- advise whether you have a defence or whether a guilty plea is the better course
- negotiate with the prosecution where you dispute the facts or categorisation of the offence
- prepare submissions and supporting material to reduce the penalty where possible
- argue your case in court
- give clear advice about mandatory disqualification and any genuinely available licence option.
Speak with a lawyer specialising in unlicensed driving offences today
If you’ve been charged with unlicensed driving in Queensland, don’t assume the result is fixed or that every form of unlicensed driving is treated the same way.
The details of your licence status and history can change both the available options and the penalty.
Contact Osborne Butler for confidential advice from a Queensland traffic lawyer. We can review your documents, explain where you stand and help you take the next step with a clear strategy.
Frequently asked questions about unlicensed driving in Queensland
Is unlicensed driving different from driving while suspended?
Yes. In Queensland, unlicensed driving covers any situation in which you drive without a valid licence that allows you to drive the vehicle. This includes driving with an expired licence, driving without ever having held a licence and driving with the wrong class of licence.
Driving while suspended is more specific. It means you’ve held a licence, but you’re temporarily not allowed to drive. The consequences depend on why your licence was suspended. In some cases, a conviction carries a mandatory period of disqualification.
Will I have to go to court for unlicensed driving?
Not always. Some first-time and less serious offences can be dealt with by an infringement notice rather than requiring you to appear in court.
However, you’ll generally need to go to court if you’ve never held a licence, were driving while disqualified or have a prior conviction for unlicensed driving within the past five years.
Your notice will state whether you must attend court. If you’re unsure what you need to do, make sure you get legal advice before the due date.
Can I be charged if I didn’t know my licence was suspended?
Yes. Not knowing that your licence was suspended doesn’t necessarily prevent you from being charged or found guilty.
However, the circumstances of your offence still matter. There may be questions about whether the suspension notice was properly issued, when the suspension took effect and whether you held an honest and reasonable belief that you were allowed to drive.
If you did not know about the suspension, obtain legal advice before pleading guilty. A lawyer can review the relevant notices and your traffic history to determine whether you may have grounds to contest the charge.
Can I drive after my licence has expired?
No. Once your licence has expired, you’re no longer licensed to drive.
If your licence expired no more than a year ago and police issue you with an infringement notice, they may also issue a permit allowing you to drive to a specified place. However, the permit lasts for no more than 24 hours and only allows you to drive in line with its conditions.
Can I drive in Queensland with an interstate or overseas licence?
Usually, yes, provided your licence is current and authorises you to drive the type of vehicle you are using.
Different rules apply once you move to Queensland, though. In many cases, your right to drive on an interstate or overseas licence ends after you’ve lived in Queensland for three months. Your right to drive can also be suspended or withdrawn because of demerit points, unpaid fines, medical fitness concerns or a failed practical driving test.
If your overseas licence is not in English, you should also make sure you’re carrying a recognised English translation when driving.
Will an unlicensed driving conviction appear on my criminal record?
An unlicensed-driving offence will appear on your traffic history. Whether it also results in a recorded criminal conviction depends on how the matter is dealt with and whether the court records a conviction.
If your matter goes to court, the magistrate may decide to record or not record a conviction. In making that decision, it can consider the nature of the offence, your character and age, and the effect a recorded conviction could have on your employment and wellbeing.
Depending on your occupation or the type of application involved, you may still need to disclose the offence or finding of guilt. If this is a concern, get legal advice before entering a plea.
What happens if I’m caught driving unlicensed more than once?
If you’re convicted of unlicensed driving and have a previous conviction for the same offence within the past five years, you’re considered a repeat unlicensed driver. That means the court must disqualify you from holding or obtaining a licence for between one and six months.
The court may also fine you and, in serious cases, hand down a prison sentence.
A further offence can therefore have much more serious consequences than an initial infringement. If you have been charged again, obtain legal advice before going to court.
Can I be charged for letting an unlicensed person drive my car?
Yes. It’s an offence to allow another person to drive a vehicle on a road if you know they don’t hold a licence that allows them to drive it.
The maximum penalty for this is 20 penalty units or six months’ imprisonment.
The prosecution must prove that you knew the person was not properly licensed. If you reasonably believed they held a valid licence, that may be important to your defence.
You should always obtain legal advice before responding to this charge.
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If you’ve been charged with a unlicensed driving in Queensland contact Osborne Butler Lawyers today for clear advice and experienced legal representation.
Need a Traffic Lawyer? Contact Osborne Butler
If you have a question or require legal advice or representation, please complete this form and we’ll respond within 24 hours. For urgent matters, please call us:
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