What is “driving while disqualified”
Driving while disqualified is a serious offence. The court takes the view that you have committed offence(s), which resulted in a penalty being ordered by the court or Transport SA. If you fail to obey that penalty, it is considered that you are in contempt of the court, or an order from Transport SA. Terms of imprisonment can occur even for first offenders. If the court is satisfied not only that you knew you were disqualified, but that you also displayed a blatant and wilful disregard for the order, then a term of imprisonment is often the starting point. Second offenders are often dealt with very harshly by the court.
It is important that you have legal representation when charged with driving while disqualified as actual terms of imprisonment can result. Recently there have been a number of decisions from our Supreme Court reinforcing the view that actual terms of imprisonment should result.
We have a large number of drive disqualified matters at any one time and all of our solicitors remain up to date with the latest law and the many judgements from the Supreme Court in this area. Given your liberty may be at stake, we recommend you see one of our experienced lawyers who deal in this field on a daily basis.
Call our friendly team on 08 8311 3111 to arrange an appointment with our traffic law specialists.
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