Unlicensed Driving Charges QLD
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Driving a motor vehicle in Queensland requires the driver to hold a valid driver’s licence. If you get charged with unlicensed driving this often occurs when your licence is suspended, expired, cancelled or never held one in the first place.
Unlicensed driving can result in penalties such as fines, disqualifications and for repeat offenders, possible terms of imprisonment. Regardless of the situation, it’s important to understand your rights and the potential outcomes of driving while unlicensed. In some cases, it may be possible to reduce the penalties.
If you’ve been charged with an unlicensed driving offence, give us a call on 07 3999 8661 for a free confidential consultation.
What Constitutes Unlicensed Driving in Queensland?
Driving unlicensed can lead to penalties including fines, disqualifications and imprisonment. Down below is a quick breakdown of the instances that can constitute unlicensed driving in Queensland:
Offence | Description |
|---|---|
Expired licence | Driving with a licence that has expired. |
Suspended licence | Driving with your licence temporarily suspended for 24 hours or due to fines or demerit points. |
Cancelled licence | Operating a motor vehicle with a cancelled licence, this can happen from government bodies and the courts. |
Disqualified driving | Driving whilst disqualified by a court order. |
Never holding a licence | You have never obtained a driving licence from any Australian state or territory transport authority. |
Incorrect licence class | Driving a different class of vehicle then what your licence regulates. For example, you’re driving a heavy vehicle whilst you only hold a car licence. |
Driving with foreign licence | Within 3 months of becoming an Australian permanent resident or citizen, you must obtain a Queensland licence. |
Driving with a licence from another state that is not valid | If you have moved to Queensland from another state, you must transfer your licence within 3 months of taking up residence in Queensland. |
Possible defences for unlicensed driving QLD
Defending an unlicensed driving charge in Queensland can be challenging, as sufficient evidence is required to support your defence. Claiming you ‘didn’t know’ or a misunderstanding is not enough for the courts to reduce charges or dismiss your case. Keep in mind the prosecution only needs to prove you did not hold a valid licence. Regardless, there are some defences that can apply depending on the circumstances of your case.
Here are some possible defences for unlicensed driving offences in Queensland:
Not the driver: If Police are unable to prove at the time of the offence, you were the person driving the vehicle this can be a valid defence. However, it is possible Police would seek to rely on a combination of CCTV footage, dash cam footage or witness statements proving that you were driving at the time of the offence.
Honest and reasonable mistake: Claiming the defence of honest and reasonable mistake arguing that the Department of Transport and Main Roads (TMR) never sent you a licence suspension letter, is a difficult defence to prove in court as TMR only need to prove they sent the relevant correspondence to your last known address.
Extraordinary emergency: If you were driving unlicensed at the time due to a threat or an extraordinary emergency this may be a valid defence. However, once again, it’s up to the courts to determine whether the circumstances truly constituted an extraordinary emergency.
What are the different penalties for unlicensed driving in QLD?
Penalties for unlicensed driving in Queensland can range from fines to imprisonment, depending on your circumstances and previous criminal history. Driving while disqualified carries the harshest penalties, while driving with an expired and suspended licence may often result in fines or a court ordered disqualification. Imprisonment could be imposed on repeat offenders and cases where aggravating circumstances are involved.
If you’re unsure about the charges you’re facing, don’t hesitate to give us a call on 07 3999 8661 for clear and professional advice.
Expired Licence
Driving with an expired licence occurs when your licence has expired, and you continue to drive without renewing your licence online or at TMR. Although this can be a simple mistake, you can still be charged with unlicensed driving as your licence is not valid.
What is the maximum penalty you can get for expired licence in QLD?
The maximum penalty for driving with an expired licence is a fine up to $6450 or up to 18 months imprisonment.
The courts have the discretion to impose any disqualification periods, they will take into account circumstances of the offence and if any aggravating factors are present.
Suspended Licence
You can be charged with unlicensed driving if you are caught driving while suspended. If you’re unsure if your licence is suspended, these are the circumstances that can indicate your licence is suspended:
You have accumulated too many demerit points.
Speeding more than 40km/h over the speed limit.
Driving on a SPER suspended licence for unpaid fines.
Driving while your licence is suspended pending a court hearing for a drink or drug driving offence.
Medical suspension.
What is the maximum penalty you can get for driving while suspended in QLD?
The maximum penalty for driving with an expired licence is a fine up to $6450 or up to 18 months imprisonment. Disqualification periods vary entirely depending on the type of suspension, ranging from a minimum of 1 month to a maximum of 5 years.
Cancelled Licence
Driving when your licence has been cancelled by the courts or government body, can result in being charged with unlicensed driving.
What is the maximum penalty you can get for driving with a cancelled licence in QLD?
The maximum penalty for driving with a cancelled licence is a fine up to $6450 or up to 18 months imprisonment. Repeat offenders could be disqualified for a period of 1 to 6 months, the exact disqualification period will be determined by the Magistrate.
Disqualified Driving
Driving while under a court ordered disqualification may result in severe penalties including fines, long disqualification periods and possible terms of imprisonment for repeat offenders.
What is the maximum penalty you can get for driving while disqualified in QLD?
The maximum penalty is a fine up to $9600 or imprisonment up to 18 months. There is also a mandatory disqualification period of 2 to 5 years, the courts will determine the exact period of disqualification taking into account your history and other factors.
Incorrect Licence Class
You can be charged with unlicensed driving if you’re driving a vehicle class that is not covered by your licence. For example, driving a motorcycle with an open car licence.
What is the maximum penalty you can get for driving with an incorrect licence class in QLD?
The maximum penalty for driving with the wrong licence class is a fine up to $6450 or up to 18 months imprisonment. Repeat offenders may be disqualified for a period of 1 to 6 months, the exact disqualification period will be determined by the Magistrate.
Driving with Foreign Licence
If you have migrated to Queensland from another country, you can drive on your valid foreign license for up to 3 months from becoming a resident. After this period, you must obtain a Queensland drivers license. If you do not obtain a Queensland drivers licence within the permitted timeframe, you can be charged with unlicensed driving.
What is the maximum penalty you can get for driving with a foreign licence in QLD?
The maximum penalty for driving without a licence after taking up residency in Queensland from a foreign country is a fine up to $6450 or up to 18 months imprisonment. Repeat offenders may be disqualified for a period of 1 to 6 months, the exact disqualification period will be determined by the Magistrate.
Driving With A Licence From Another State That Is Not Valid
If you’re driving with a licence from another state that has been disqualified, suspended, expired or cancelled, you could be charged with unlicensed driving.
What is the maximum penalty you can get for driving with a licence from another state that is not valid in QLD?
The penalty imposed will vary according to the reasons your interstate licence is not valid.
What Are the Key Considerations Taken Before Deciding On A Penalty?
When the Magistrate imposes a penalty, the court will consider the entire circumstances of the case. Your lawyer will advocate for you on your behalf and present submissions as to why a particular penalty is appropriate.
The Magistrate could consider the following factors:
Circumstances of the case
Character of the offender
Person’s medial history or mental and physical capacity
Whether the offence has any aggravating factors
Public interest
Other matters the court will consider relevant
If you would like a lawyer to advocate on your behalf in court and produce the best possible outcome, feel free to call us on 07 3999 8661
Why choose Drink Driver Lawyer to defend your unlicensed driving charges in QLD?
Facing an unlicensed driving charge can lead to fines, disqualification periods and possible imprisonment depending on the circumstances. An expert traffic lawyer from Drink Driver Lawyers can provide you with assistance in all your traffic matters.
Here is a quick breakdown on how our lawyers can assist with your traffic offences:
Provide clear legal advice
Review the charges against you and outline the penalties involved
Minimise penalties
Negotiate with prosecutors to reduce charges or penalties
Advocate on your behalf in court
Review and challenge evidence
Guide you through the legal process with empathy and clarity
Provide you with the best possible outcome in court
By seeking legal representation, you maximise your chances of avoiding imprisonment, disqualification periods and imprisonment. Contact Drink Driver Lawyers today on 07 3999 8661 for a free consultation, we are available 24/7.
Our legal strategy for unlicensed driving charges across QLD
At Drink Driver Lawyers, our approach is to provide you with a comprehensive and strategic approach in defending your unlicensed driving charges. Our unwavering commitment ensures no stone is left unturned, maximising your chances of the best possible outcome in court.
Initial consultation
We offer a free confidential consultation for every client faced with unlicensed driving. During the consult we explain the legal charges clearly and outline the penalties associated with the offences.
Case assessment
After the initial consultation we conduct a case assessment reviewing the QP9. During the review we identify any issues or facts that may support your defence.
Developing a defence strategy
Our lawyers will thoroughly discuss your case and provide personalised advice on the best defence strategy tailored to your specific circumstances.
Court representation
Our experienced traffic lawyers will represent you in court and present a strong argument achieving the best possible outcome.
Unlicensed driving charges in QLD FAQs
What should I do after being charged with unlicensed driving in QLD?
After being charged with unlicensed driving we recommend to avoiding making any statements to police and seeking legal advice immediately.
What is the maximum fine for unlicensed driving in QLD?
The maximum penalty for driving with an expired licence is a fine up to $6450 or up to 18 months imprisonment.
Is there a special license I can apply for to keep driving?
When charged with driving without a licence, there are no applications that can be made to restore your licence. Our best strategy would be reducing the charge to one that does not require a mandatory disqualification period, if available in your particular case.
Do I need a lawyer to help defend an unlicensed driving charge in QLD?
Yes and no – having an experienced lawyer can increase your chances of success in court, our experienced lawyers will handle all the paperwork and present your case effectively.