Disqualified Driving Lawyer Brisbane
To be found guilty of the offence of disqualified driving, the police must show that you were driving a vehicle on a road while you were disqualified from obtaining or holding a licence.
The charge of driving while disqualified is considered to be one of the most serious by the courts. This is because you’re seen as repeat offender at flouting the law and not taking your court mandate seriously.
Queensland courts in recent years have been imposing harsher and harsher penalties to try to discourage this behaviour.
Penalties for Disqualified Driving
If you’re convicted of this offence, the court has no option but to disqualify you from holding a driver’s licence for a minimum of an additional 2 years – up to a maximum of 5 years.
You can also receive a fine of thousands of dollars or be given a prison term of up to 18 months.
What will the court take into account?
The magistrate has a lot of scope in any sentencing hearing, as it can take into account any evidence that it deems relevant. The court will consider:
- any and all circumstances relating to your offence, including aggravating and mitigating circumstances
- the public interest
- your traffic and, if applicable, criminal history
- information about your medical history, including your mental and physical capabilities
- if your offence was committed in relation to another offence
How likely is it that I’ll receive a jail sentence?
Many people are surprised to learn that driving while disqualified is one of the most common reasons for someone to be sent to prison in Queensland. There are even occasions when people charged with this offence for the first time receive jail time.
The risk of actually receiving a prison sentence depends on the following factors:
- your previous driving history
- if you were committing other offences at the same time
- how long you’d been disqualified from driving at the time of the offence
- the reason why you were driving while disqualified
Why should I choose Cullen Lawyers to act on my behalf?
When you make your court appearance, the magistrate will not be inclined to treat you with leniency, as you’ve ignored a court order not to drive.
Engaging us shows the court that because you’re listening to the advice of a lawyer, you’re now taking your charge seriously and their perception of you will be more positive.
If you have a poor history when it comes to committing offences, it is absolutely vital to vigorously argue that prison time is inappropriate. Obviously, even a short jail sentence of 6 months would have horrendous financial and emotional ramifications.
Cullen Lawyers has an outstanding track record when it comes to presenting evidence on our clients’ behalf that community service, probation or even just a fine and a further disqualification period are more appropriate penalties.
We know how what specific submissions are required and what facts and circumstances of the offence and our client’s history are relevant to sway the court in our favour.