Driving while disqualified in QLD

Driving while disqualified is a serious offence in Queensland. This is partly because doing so requires the offender to ignore a court order, which can be seen as a personal affront to the magistrate. If you’ve been charged with driving while disqualified, GC Traffic Lawyers can provide you with expert legal representation.

Reasons for being disqualified from driving

Under Queensland law, your licence can be disqualified for a range of offences. If your licence has been suspended, you will usually receive a notice of disqualification in the mail. The police have the power to suspend your licence on the spot in some cases, but this usually only applies to more serious offences like drink driving.

These are some of the most common reasons for licence disqualification:

  • Drink/drug driving – In Queensland, most people charged with drink or drug driving offences face losing their licence. A magistrate decides on the length of the suspension period.
  • Demerit points – If you’ve gained too many demerit points in a short period of time, this can result in the loss of your licence.
  • Speeding – Getting caught exceeding the speed limit by more than 40km/h can lead to the immediate disqualification of your licence.
  • Failing to pay a fine – If you’ve been fined for an earlier traffic offence, failing to pay on time can earn you a licence suspension.

Regardless of the reason for your licence suspension, adhering to its conditions is essential if you want to avoid incurring further penalties.

Penalties for driving while disqualified

Driving while disqualified can have serious consequences. If you’ve been charged with this offence, you may face one of the following penalties:

  • A prolonged licence suspension period
  • An indefinite licence suspension period
  • A fine
  • Prison time.

The severity of your penalty will depend on the unique circumstances of your case.

Can I go to prison for driving while disqualified?

A prison sentence is a distinct possibility in cases involving disqualified driving. The implications of facing this charge can be significant for you and your loved ones if you’re unable to provide for them while in prison.

Not everyone who gets caught driving while disqualified will receive a prison sentence. The following factors may affect your chances of going to jail:

  • Your traffic history – Having an extensive traffic history can increase your chances of receiving a prison sentence. The magistrate may be willing to overlook minor traffic offences, but more serious charges can negatively impact your ability to stay out of jail.
  • Repeat offences – The magistrate may be more likely to hand down a harsher punishment if you have been caught driving while disqualified multiple times.
  • Other charges – If you have committed other offences in addition to driving while disqualified, such as drink driving, this will likely increase the severity of your penalty.

Facing a prison sentence can be an extremely daunting prospect, but GC Traffic Lawyers may be able to reduce the severity of your sentence.

Disqualified driving lawyers on the Gold Coast

Given the severity of being charged with driving while disqualified, it’s essential to appoint a specialist traffic lawyer to represent you in court. In order to avoid jail time, you’ll need a lawyer with years of expertise in putting forward persuasive arguments, particularly if you have a poor traffic record with a history of other serious offences like drink driving.

GC Traffic Lawyers will work to convince the magistrate to give you the most lenient outcome possible. We would look to reduce the penalty so that any jail term is fully suspended or alternatively a sentence of community service is given.

Call GC Traffic Lawyers now on 07 5528 6665 if you are facing a disqualified driving charge so we can discuss the options available to you. Servicing the Gold Coast, Brisbane and the corridor in between, we offer a free initial consultation.