Driving Whilst Suspended

What is
Driving Whilst Suspended?

Driving whilst suspended is a criminal offence in New South Wales under Section 54(3) of the Road Transport Act 2013 (NSW). It occurs when a person drives a motor vehicle after their driver’s licence has been suspended, either by the police, a court, or Transport for NSW (TfNSW), and before the suspension period has ended.

Common reasons a licence may be suspended include:

  • Accumulating too many demerit points

  • Serious speeding offences

  • Non-payment of fines (RMS or SDRO suspensions)

  • Court-imposed suspensions for traffic or criminal offences

Driving while suspended is considered a serious offence because it involves knowingly disregarding a legal restriction placed on your ability to drive.

The Penalties of
Driving Whilst Suspended

The penalties for driving whilst suspended are serious and depend on whether it is a first offence or a repeat offence, as well as the reason for the original suspension. This offence is prosecuted under Section 54 of the Road Transport Act 2013 (NSW) and can result in criminal convictions, fines, licence disqualification, and imprisonment. The penalties may include:

First Offence

  • Maximum fine: $3,300

  • Maximum imprisonment: 6 months

  • Automatic disqualification period: 6 months

  • Minimum disqualification period: 3 months

Second or Subsequent Offence

  • Maximum fine: $5,500

  • Maximum imprisonment: 12 months

  • Automatic disqualification period: 12 months

  • Minimum disqualification period: 6 months

In addition to court-imposed penalties, a conviction for driving whilst suspended in NSW can result in several other serious consequences. A criminal conviction may be recorded, which can negatively impact future employment opportunities, international travel, and car insurance premiums. Offenders may also face greater difficulty regaining their licence, as repeat violations can lead to extended disqualification periods and more stringent conditions for reapplication. In rare and particularly serious cases—such as repeat offending or dangerous driving while suspended—police may seize the vehicle involved. These broader implications highlight the importance of obtaining legal advice before going to court.

The Possible
Defence Strategies

Defending a driving whilst suspended charge requires careful analysis of the facts and legal circumstances surrounding the offence. Several defence strategies may be available depending on how and why the offence occurred. The possible defence strategies include:

Honest and Reasonable Mistake of Fact

If you genuinely did not know your licence was suspended (for example, you never received a notification from Transport for NSW), you may be able to rely on the defence of honest and reasonable mistake of fact—especially if the suspension was administrative rather than court-ordered.

Disputing the Suspension

You may have grounds to argue that the licence was not lawfully suspended at the time of driving (e.g. due to an administrative or legal error), which would mean you were not committing an offence.

Necessity or Emergency

If you were driving in an emergency situation (e.g. to escape danger or take someone to hospital), the defence of necessity may apply if your actions were proportionate and reasonable in the circumstances.

No Evidence You Were Driving

In some cases, the prosecution must prove that you were actually the driver. If identity or control of the vehicle is in dispute, this may be a valid defence.

Procedural or Police Errors

Errors in the way police issued the charge or handled the evidence may provide a technical defence that could lead to the charge being withdrawn or dismissed.

Choosing Sydney Defenders to handle a driving whilst suspended charge ensures you receive expert legal representation from a team with deep experience in traffic law. We thoroughly assess your case to identify any valid defences—such as honest and reasonable mistake or procedural errors—and, where necessary, argue strongly for leniency. Our lawyers are skilled in preparing persuasive submissions that highlight mitigating factors like a clean driving record, urgent personal circumstances, or rehabilitation steps taken. With a strong track record in achieving reduced penalties or even non-convictions under Section 10, Sydney Defenders is committed to protecting your licence and minimising the impact on your future.