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Driving While Disqualified In QLD
Driving while disqualified charges in Queensland
Driving while disqualified is one of the few traffic offences that involves deliberately driving despite a court order prohibiting you from getting behind the wheel.
Many people charged with driving while disqualified are surprised to learn just how seriously Queensland’s courts treat the offence. That’s because a disqualification isn’t simply an administrative restriction on a licence; it’s a court order prohibiting a person from driving for a specified period.
So, if you drive while disqualified you’re defying the court.
For this reason, Queensland courts can impose significant penalties, including further periods of disqualification, substantial fines and, in some cases, even a prison sentence. The consequences can become even more serious if you have a significant traffic history or have previously been convicted of driving while disqualified.
Obtaining legal advice from experienced traffic lawyers can help you understand the allegations against you, protect your rights and prepare the strongest possible case before your matter comes before the court.
Call us if you're facing driving while disqualified charges
At Osborne Butler Lawyers, we’re experienced in defending all types of driving while disqualified charges 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 a driving disqualified charge in Queensland?
In Queensland, it’s an offence to drive a motor vehicle while you’re disqualified from holding or obtaining a driver’s licence.
A disqualification is different from an ordinary licence suspension because it’s a court-imposed order that prohibits you from driving for a specified period of time.
Disqualifications are commonly imposed following serious traffic offences such as drink driving, drug driving, dangerous driving or other significant breaches of Queensland’s road laws.
If you drive during a period of disqualification, you can be charged with a further offence and face additional penalties. Depending on the circumstances, those penalties can include substantial fines, a further period of disqualification and imprisonment.
What’s the difference between disqualified, suspended and unlicensed driving?
Many people use the terms “disqualified”, “suspended” and “unlicensed” interchangeably. However, under Queensland law, they all mean different things.
Driving while disqualified
A person is disqualified from driving when a court makes an order prohibiting them from holding or obtaining a driver’s licence for a specified period.
Disqualifications are commonly imposed following serious traffic offences, such as:
- Drink driving
- Drug driving
- Dangerous driving
- Driving while already disqualified, and
- Certain offences involving death or serious injury.
Because a disqualification is imposed by a court, driving during a period of disqualification is treated particularly seriously.
Driving while suspended
In most cases, a suspension is imposed administratively by the police or Department of Transport and Main Roads, not by a court.
Your licence can be suspended for a range of reasons, including:
- Accumulating too many demerit points
- Failing to pay certain fines
- Testing positive to drugs or exceeding the prescribed blood alcohol limit while driving
- Medical reasons, or
- Certain high-speed traffic offences.
If your licence is suspended, you may be permitted to resume driving once the suspension period expires or if the reason for the suspension has been resolved.
Unlicensed driving
A person is generally considered unlicensed if they don’t hold a current and valid driver’s licence.
This can happen when they:
- Have never held a driver’s licence
- Have allowed their licence to expire
- Hold an interstate or overseas licence that’s no longer valid in Queensland, or
- Aren’t otherwise authorised to drive under Queensland law.
Although unlicensed driving is a serious offence, courts generally regard driving while disqualified as more serious because it involves breaching a court order.
For that reason, the penalties for driving while disqualified are often more severe than those imposed for driving while suspended or unlicensed driving.
What penalties apply for driving while disqualified?
Driving while disqualified is a serious offence in Queensland and can result in substantial penalties.
Under section 78 of the Transport Operations (Road Use Management) Act 1995 (Qld), if you’re convicted of driving while disqualified, you face a maximum penalty of $10,362 (60 penalty units) or 18 months’ imprisonment.
In addition to any fine or prison sentence, the court must impose a further period of disqualification. The length of this will depend on the circumstances of the offence and your traffic history.
When determining an appropriate penalty, the court will consider factors such as:
- The reason you were originally disqualified
- The length of time remaining on your current disqualification
- Whether the driving was deliberate
- Your traffic and criminal history
- Whether you committed any other traffic offences at the same time, and
- Whether you’ve previously been convicted of driving while disqualified.
While not every offender receives a custodial sentence, imprisonment becomes increasingly likely if you’ve repeatedly driven while disqualified or have a significant history of traffic offending.
What are the penalties for repeated disqualified driving?
Queensland courts take repeat disqualified driving offences very seriously.
Driving while disqualified is already regarded as a significant offence because it involves driving in breach of a court order. So, if you’ve already been convicted of driving while disqualified, the court is likely to regard any subsequent offending as evidence that earlier penalties have failed to deter you from doing the same again.
If you’re a repeat offender, you’ll generally face a greater likelihood of:
- A substantial fine
- A longer period of licence disqualification
- A recorded conviction, and
- A prison sentence.
When determining an appropriate penalty, the court is likely to take into account:
- How many times you’ve previously been convicted of driving while disqualified
- How recently those offences occurred
- The reason for the original disqualification
- Your overall traffic history, and
- Whether you committed any other offences at the same time.
You’re more likely to receive a prison sentence if your driving while disqualified was combined with another serious offence, or if you’ve repeatedly ignored previous court orders prohibiting you from driving.
What are common reasons a person may be disqualified from driving?
There are a range of reasons a driver can be disqualified from holding or obtaining a licence. However, in most cases, a court imposes disqualification following a serious traffic offence.
Here are some common reasons you can be disqualified from driving.
Drink driving
Drink driving offences are one of the most common causes of licence disqualification in Queensland. Depending on your blood alcohol concentration (BAC), traffic history and the circumstances of the offence, the court may impose a disqualification ranging from several months to many years.
Drug driving
Queensland courts also frequently disqualify drivers convicted of certain drug driving offences. The risk of disqualification increases where the offence involves driving under the influence of a drug, repeat offending or aggravating circumstances.
Dangerous driving
Dangerous operation of a vehicle is a serious criminal offence that carries a six month period of mandatory disqualification. Courts often impose even longer disqualification periods than this, particularly where the offence involves excessive speed, alcohol, drugs, serious injury or death.
Driving while already disqualified
If you’re convicted of driving while disqualified, you’ll receive a mandatory further disqualification in addition to any other penalty the court imposes.
Other serious traffic offences
A court may disqualify from holding or obtaining a licence for a range of other offences, including:
- Offences involving death or grievous bodily harm
- Repeated traffic offending, and
- Driving offences committed while evading police.
Because disqualification orders can arise from a variety of offences and circumstances, it’s important you understand exactly when your disqualification commenced, how long it remains in force and when you’re legally permitted to drive again.
What should you do if you’ve been charged with driving while disqualified?
If you’ve been charged with driving while disqualified, it’s important you take the matter seriously. The offence carries significant penalties and may result in a further period of disqualification, a substantial fine or even a prison sentence.
The steps you take after being charged can have a real impact on the outcome of your matter.
1. Seek legal advice as soon as possible
Obtaining early legal advice can help you understand the charge, assess the strength of the prosecution case and identify any issues that may affect the outcome of your matter.
2. Don’t drive until you’ve confirmed your licence status
If you’re currently disqualified from driving, continuing to drive may result in additional charges and more severe penalties.
3. Don’t ignore court dates or police notices
Failing to attend court may result in the matter being dealt with in your absence. This can affect the outcome of your case.
4. Gather relevant documents
Give your lawyer any documents relating to your licence history and previous court orders, as well as any correspondence from the Department of Transport and Main Roads and other potentially relevant material.
5. Be careful about making admissions
Any statements you make to police or third parties can be relied upon in later court proceedings. Before answering questions about the charge – especially from police – you should always obtain legal advice.
Can you get a restricted or work licence?
If you’ve been disqualified from driving you won’t usually be eligible for a work licence or restricted licence. That’s because, unlike certain drink driving offences, a disqualification is generally imposed by a court order, which prohibits you from holding or obtaining a driver’s licence for a specified period.
That said, the rules are complex and exceptions may apply in some limited situations.
If you’ve been charged with driving while disqualified, an experienced traffic lawyer can review your circumstances and advise whether you have any available options for minimising the impact of your disqualification on your employment, business or family responsibilities.
Understanding your rights and defences
Being charged with driving while disqualified doesn’t automatically mean you’ll be convicted. As with any criminal or traffic offence, the prosecution must prove each element of the offence beyond reasonable doubt.
Depending on the circumstances, common defences for driving while disqualified include:
- You weren’t the driver of the vehicle
- The disqualification wasn’t valid
- The period of disqualification had already expired
- The prosecution can’t properly prove the alleged driving, or
- There are factual disputes concerning the circumstances of the offence.
Every case is different and the availability of any defence will depend on the specific facts involved.
An experienced traffic lawyer can review the prosecution material, identify any weaknesses in the case and advise you on the options available in your particular circumstances.
When should you contact a traffic lawyer if you’re charged with driving while disqualified?
If you’ve been charged with driving while disqualified, you should obtain legal advice as soon as possible.
After all, while the offence may appear straightforward, driving while disqualified carries significant penalties.
Early legal advice can help you understand the allegations against you, assess the strength of the prosecution case and identify any issues that may affect the outcome of your matter.
It’s especially important you get legal representation as soon as possible if:
- You have previous traffic convictions
- You’ve previously been convicted of driving while disqualified
- You’re unsure of your licence status at the time of the alleged offence
- The disqualification arose from a serious traffic offence, or
- A conviction may affect your employment or business activities.
The earlier a lawyer becomes involved, the sooner they can review any relevant documents, explain your options and help you prepare your matter for court.
How can a traffic lawyer help if you’re charged with driving while disqualified?
If you’ve been charged with driving while disqualified, an experienced traffic lawyer can provide advice and representation throughout every stage of the process.
Depending on the circumstances of your case, a traffic lawyer may be able to:
- Explain the charge and the penalties you’re facing
- Review your licence history and any relevant court orders
- Assess the strength of the prosecution case
- Identify any legal or factual issues that could assist your defence
- Advise you on whether to contest the charge or enter a guilty plea
- Prepare submissions and supporting material for the court, and
- Advocate on your behalf during sentencing.
Every driving while disqualified case is different and the outcome of your matter will likely depend on how well your defence lawyer presents factors such as your traffic history, the reason for the original disqualification and the circumstances of the alleged offence.
At Osborne Butler, our Queensland traffic lawyers provide practical, straightforward advice and strong representation to help clients achieve the best possible outcome in the circumstances.
Call Osborne Butler for clear, confidential advice
Driving while disqualified is a serious offence in Queensland and can result in substantial fines, further periods of disqualification and, in some cases, imprisonment.
If you’ve been charged with driving while disqualified, the sooner you understand the allegations against you and the penalties you may face, the better placed you’ll be to reach the best outcome.
At Osborne Butler, our Queensland traffic lawyers provide practical, straight-talking advice and strong representation from the moment you’re charged through to your court appearance and beyond.
We can explain the allegations against you, assess the strength of the prosecution case, review your licence history, advise you of your options and work to achieve the best possible outcome in the circumstances.
Frequently asked questions about driving while disqualified in Queensland
Is driving while disqualified a criminal offence in Queensland?
Yes. Driving while disqualified is a serious traffic offence that can result in substantial fines, further periods of disqualification and imprisonment.
Can I go to prison for driving while disqualified?
Yes. Under Queensland law, the maximum penalty for driving while disqualified includes imprisonment. Whether a custodial sentence is imposed will depend on factors such as your traffic history, the circumstances of the offence and whether you’ve previous convictions for disqualified driving.
What is the difference between driving while disqualified and driving while suspended?
A disqualification is imposed by a court order that prohibits a person from holding or obtaining a driver’s licence for a specified period. A suspension is generally imposed administratively by the Department of Transport and Main Roads or police. Courts generally treat driving while disqualified more seriously because it involves driving in breach of a court order.
Can I be charged if I didn’t know I was disqualified?
The prosecution must prove the elements of the offence. Whether a lack of knowledge is relevant will depend on the circumstances of the case and the evidence available. You should obtain legal advice if there’s any dispute about your licence status.
Will I lose my licence for longer if I’m convicted?
In many cases, yes. Courts commonly impose a further period of disqualification following a conviction for driving while disqualified.
Can I get a work licence if I’m charged with driving while disqualified?
The general rule is that disqualified drivers aren’t generally eligible for a work licence. However, there are some limited exceptions. Whether you’re eligible for these depends on the reason for the disqualification, as well as your circumstances. A traffic lawyer can advise you on whether any options may be available.
What happens if I have previous convictions for driving while disqualified?
Queensland courts tend to view repeat offending more seriously. That means previous convictions may increase the likelihood of a significant fine, a longer period of disqualification or imprisonment.
Do I need a lawyer if I have been charged with driving while disqualified?
While you’re not required to have a lawyer, getting legal advice can help you understand the allegations against you, assess the prosecution case and ensure that any relevant matters are properly presented to the court.
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If you've been charged with driving while disqualified in Queensland, contact Osborne Butler Lawyers today for clear advice and experienced legal representation.
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