DRIVING WHILST DISQUALIFIED: Imprisonment is possible even for a first offence. Call our office for legal assistance – 0401269091
Driving whilst disqualified is regarded by the court as a very serious offence because it usually constitutes a defiance of, and contempt for, an order either of the court or a Registrar. As a general rule a penalty of imprisonment will be imposed by the sentencing.
First Offence:
For a first offence the penalty is imprisonment to a maximum of six months [see Motor Vehicles Act 1959 s 91(5)];
Second or subsequent Offence:
For a second or subsequent offence the penalty is imprisonment to a maximum of two years [see s 91(5)].
Strictly speaking there is no difference between a disqualification ordered by a court (such as for a drink-driving or other traffic offence or for an illegal use/interference offence) and a disqualification ordered by the Registrar of Motor Vehicles (such as under the points demerit system or as a result of an enforcement order made by the court in respect of unpaid fines).
Magistrates are required to take the view that Parliament has provided that a substantial sanction be imposed for disobedience to those orders [see Crook v Roberts (1990) 53 SASR 236; Maione v Higgins [1991] SASC 2698; and Springall v Police (2007) 252 LSJS 160; [2007] SASC 425 for interstate disqualifications].
Imprisonment is Possible even for a first offence.
