If you have been charged with driving while disqualified, there may be potential defences that can be raised depending on the circumstances of your case. Successfully raising the defences can lead to reduced penalties and in some cases dismissal of the charges. Seeking legal advice is important as a lawyer can assess your situation and provide you with clear strategic advice.

Here is a breakdown of defences that can be raised:

1. Procedural error: If you can prove at the time of the offence, you were holding a valid licence, you will not be charged with the offence.  In some cases, police may make an administrative error and mistakenly charge you with driving while disqualified when, in fact, your licence was only suspended at the time. 

2. Extraordinary emergency: If at the time of the offence you had to drive due to an emergency this defence can be raised. However, the emergency must involve circumstances that are above and beyond what would typically be expected in everyday life. This can include imminent danger, duress or a medical emergency. Ultimately, is is up to the Magistrate to assess whether your circumstances are exceptional and deemed an immediate emergency.

3. Mistaken identity: If Police are unable to prove that at the time of the offence, you were the person driving the vehicle, your charges could be dismissed. However, this may involve obtaining witness statements or CCTV footage to support the defence.

Disqualified driving is considered the most serious form of unlicensed driving. This is because the courts have explicitly ordered you to not drive for a specified period. Disregarding this order ordinarily results in harsh consequences such as fines, longer disqualification periods and imprisonment.

What is the maximum penalty you can get for disqualified driving in QLD

The maximum penalty for driving while disqualified is a fine up to $9700 or imprisonment up to 18 months. There is also a mandatory disqualification period of at least 2 years but not more than 5.

When charged with driving while disqualified, the Magistrate must take into account these following factors in deciding what penalty to impose:

1. The entire circumstances of the case, this can include any circumstances of aggravation or mitigation.

2. The Magistrate may take into account the public interest and when determining a penalty consider deterrence, public safety and the rule of law.

3. Offenders criminal and traffic history.

4. Offenders medical history or mental and physical capacity.

5. Whether the offence was committed in association to another offence.

6. Other matters the court may deem relevant.

A traffic lawyer from Drink Driver Lawyers can help you understand the charges against you, reduce your charges and avoid imprisonment. Our lawyers understand how stressful and overwhelming these charges can be, that’s why we prioritise personalised support and clear communication, allowing you to feel confident during the process.

With our unwavering commitment to achieving the best possible outcome, you can feel at ease knowing our lawyers will advocate for you relentlessly in court, ensuring your case is presented professionally before a Magistrate.