Our expert criminal lawyers for a driving whilst unlicensed offence can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence, like no conviction and no prison.
You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.
You can read our reviews here.
Driving whilst unlicensed
We are expert traffic lawyers who assist clients charged with driving whilst unlicensed to avoid criminal records and keep their driver’s licence.Â
Our criminal lawyers fight for you because we know how unfair it is losing your employment because the court takes your licence away. We know that having a licence to travel to and from work means there is enough time to kiss your kids’ goodbye in the morning and tuck them in before bed.
In order to be convicted of this offence, the police will need to prove beyond reasonable doubt:
- You drove a motor vehicle; and
- You were unlicensed.
Honest and reasonable mistake of fact is a defence to a charge of driving while unlicensed. The defence will be enlivened where you had an honest and reasonable belief in a state of affairs which, if they existed, would make your act an innocent one.Â
How do I avoid a criminal record?
Examples of evidence that may assist in an appeal include:
- Certificate of completion of the Traffic Offenders Program.
- References from employers, family members and health professionals stating why you have a need for a driver’s licence, e.g. for work, to pick up and drop off children from school, a chronic back condition, etc.
- Employment contracts stating that having a driver’s licence is a condition of employment.
- Medical documentation about any medical conditions you or family members have.
- Trip planner documents showing geographic isolation or unavailability of public transport from your residential address to your place of employment.
- A letter of apology or affidavit stating what happened.
Penalties for Driving While Unlicensed
The maximum penalties for driving unlicensed vary depending on whether you have ever held a licence. The penalty for driving unlicensed after previously holding a license is a fine of $2,200.00. There is no disqualification.Â
For a second offence, if you have never held a licence, the maximum penalty increases to a fine of $3,300 and/or six months imprisonment. There is an automatic 12-month disqualification, which our criminal lawyers can try to reduce to a minimum of 3 months.
Our criminal lawyers have a proven track record of not only keeping our clients out of prison but also having Driving whilst suspended or disqualified dealt with by way of section 10. This means there will be no disqualification, and you will have no criminal record.
You can read about all the sentencing options a court has, including no conviction being recorded.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Contact Australian Criminal Law Group
Our criminal lawyers, with 500+ five-star Google reviews, can beat a drug driving charge or obtain a lenient sentence for you if you plead guilty.
Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.
Case Study
Our lawyer represented a young woman charged with Drive whilst disqualified. At the time our lawyer appeared for her she had been sentenced (unrepresented) for two other drive whilst disqualified offences in prior months and was disqualified for five years. Our Lawyer appealed all her sentences to the District Court obtaining leave from the judge to appeal on the basis that the client was unrepresented. At District Court appeal, the homelessness, mental health and need for a licence of the client was raised and all three charges of Drive whilst disqualified were dismissed pursuant to section 10 and there was no disqualification.
Case Study
Our lawyer appeared for a client who had five prior drive whilst disqualified offences on his record but had not offended in three years. He came to our firm having committed the offences of Drive whilst disqualified and street racing. Shortly before driving and committing the fresh offences, the client had witnessed a shooting. The Magistrate accepted this triggered the onset of depression and was a contributing factor in impairing his judgement when his friends encouraged him to street race to cheer him up. The Magistrate dismissed both charges pursuant to section 10.