02 9159 9010
Charged with Driving While Suspended?
Driving whilst your licence is suspended is a criminal offence under section 54 of the Road Transport Act 2013 (NSW). Although having a suspended licence is not itself a criminal matter, operating a motor vehicle during a suspension period is, and it can result in significant penalties including fines, further licence suspension, and imprisonment.
If you have been charged with driving whilst suspended, contact Blackridge Law immediately on 02 9159 9010 for a free consultation.
What Causes a Licence Suspension?
A licence suspension is an administrative action that temporarily withdraws your driving privileges. Unlike a disqualification, which is imposed by a court, a suspension is typically imposed by Transport for NSW, the police, or Revenue NSW. Common reasons include:
- Accumulating excess demerit points
- High-range speeding (immediate roadside suspension)
- Being detected driving with a mid-range or high-range PCA
- Failing to pay fines or comply with enforcement orders issued by Revenue NSW
- Medical fitness concerns identified by Transport for NSW
- Testing positive for a prescribed illicit drug during a roadside drug test
Penalties for Driving Whilst Suspended
| Offence | Max Fine | Max Imprisonment | Disqualification |
|---|---|---|---|
| First offence (s 54) | $3,300 | 6 months | Min. 3 months / Max. 12 months |
| Second or subsequent offence | $5,500 | 12 months | Min. 6 months / Max. 2 years |
A conviction will be recorded on your criminal record and may impact employment, travel, and insurance.
Defences to Driving Whilst Suspended
Depending on the circumstances, several defences may be available:
- Honest and Reasonable Mistake: You honestly and reasonably believed your licence was not suspended — for example, you did not receive the suspension notice from Transport for NSW.
- Not the Driver: You were not the person driving the vehicle at the relevant time.
- Emergency or Necessity: You drove in response to a genuine emergency where there was no reasonable alternative.
- Procedural Errors: The suspension notice was not properly served or there were administrative errors in the suspension process.
How Blackridge Law Can Help
Our experienced traffic lawyers will review the circumstances of your charge, assess whether valid defences are available, negotiate with the prosecution, and represent you in court to achieve the best possible outcome. We regularly secure Section 10 dismissals and non-conviction outcomes for clients charged with driving whilst suspended, protecting both their criminal record and their ability to get back on the road.
Speak with a lawyer
Charged with driving whilst suspended? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
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