Traffic Law Disqualified Driving
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Disqualified Driving
Lawyers & Barristers

in Perth, available now...

  • Overview

Partner with us for the best possible result.

If you are caught driving without a valid licence, a cancelled licence, suspended or disqualified licence there can be lengthy additional disqualification periods imposed. If it’s not the first time you have been caught the punishments can become much more serious including possible imprisonment.

Our disqualified driving lawyers in Perth have represented clients who have been caught driving repeatedly without authority to do so and gained excellent results including avoiding imprisonment. If you find yourself in a situation where you are due to attend court for disqualified driving our team would be an intelligent choice to represent you.

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About Disqualified Driving

Learn more about disqualified driving charges in WA.
When you're ready make a quick enquiry.

  • Our Process
  • The Law
  • Possible Defences
  • Possible Outcomes
1

FreePhone case assessment

Lets talk about your situation confidentially. We will discuss the alledged disqualified driving in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.

2

Book appointment with our traffic lawyers

If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.

3

In depth consultation

At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.

4

Sound legal advice & pathway forward

Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.

The sooner you act the better.

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.

Lawyers with extensive disqualified driving experience.

Meet with lawyers who have successfully defended many clients charged with disqualified driving.

  • Past Cases
  • Good Results
  • Happy Clients
Make enquiry

No Authority To Drive

Road Traffic Act 1974 (WA)

Section 49

“A person who drives a motor vehicle on a road while not authorised under the Road Traffic (Authorisation to Drive) Act 2008 commits an offence.”

Elements of the offence

  • ‘Person’ - Means an ordinary person, an individual.
  • ‘Drives’ - In relation to a vehicle, to have control over the steering, movement or propulsion of the vehicle.
  • ‘Motor vehicle’ - Can be either 'a vehicle that is built to be propelled by a motor that forms part of the vehicle', such as a common car; or a self-propelled vehicle such as a trailer, a semi-trailer or caravan while attached to the vehicle.
  • ‘Road’ - Means any highway, road or street open to, or used by, the public and includes every carriageway, footway, reservation, median strip and traffic island on it.
  • ‘Authorised’ - Given official permission for or approval to.

What the Police & Prosecution must prove in court to secure a disqualified driving criminal conviction

How they might prove this

The sooner you act the better.

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.

Lawyers with extensive disqualified driving experience.

Meet with lawyers who have successfully defended many clients charged with disqualified driving.

  • Past Cases
  • Good Results
  • Happy Clients
Make enquiry

If we can prove one of these defences together...

  • There could be no criminal conviction recorded.
  • You could have charges dropped before your court date.
  • You could have the case thrown out of court.
  • You could be found innocent in court.

The sooner you act the better.

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.

Lawyers with extensive disqualified driving experience.

Meet with lawyers who have successfully defended many clients charged with disqualified driving.

  • Past Cases
  • Good Results
  • Happy Clients
Make enquiry

What’s taken into account if you’re found guilty...

  • The circumstances of the assault
  • Your criminal history
  • If you are a person of good character
  • Your personal life and mental health
  • If you show remorse

First offence

For a first offence the offender must receive a fine of not less than $400.00 and not more than $2000.00. They may be liable to imprisonment for up to 12 months and must be disqualified from driving for a period of not less than 9 months and not more than 3 years on top of any current suspensions in place.

Second & subsequent offences

For subsequent offending, the offender must receive a fine of not less than $1000.00 and not more than $4000.00. They may be liable to imprisonment for up to 18 months, and must be disqualified from driving for an additional 9 months on top of their current suspension.

The sooner you act the better.

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.

Lawyers with extensive disqualified driving experience.

Meet with lawyers who have successfully defended many clients charged with disqualified driving.

  • Past Cases
  • Good Results
  • Happy Clients
Make enquiry

Our Process

1

FreePhone case assessment

Lets talk about your situation confidentially. We will discuss the alledged disqualified driving in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.

2

Book appointment with our traffic lawyers

If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.

3

In depth consultation

At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.

4

Sound legal advice & pathway forward

Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.

The sooner you act the better.

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.

Lawyers with extensive disqualified driving experience.

Meet with lawyers who have successfully defended many clients charged with disqualified driving.

  • Past Cases
  • Good Results
  • Happy Clients
Make enquiry

The Law

No Authority To Drive

Road Traffic Act 1974 (WA)

Section 49

“A person who drives a motor vehicle on a road while not authorised under the Road Traffic (Authorisation to Drive) Act 2008 commits an offence.”

Elements of the offence

  • ‘Person’ - Means an ordinary person, an individual.
  • ‘Drives’ - In relation to a vehicle, to have control over the steering, movement or propulsion of the vehicle.
  • ‘Motor vehicle’ - Can be either 'a vehicle that is built to be propelled by a motor that forms part of the vehicle', such as a common car; or a self-propelled vehicle such as a trailer, a semi-trailer or caravan while attached to the vehicle.
  • ‘Road’ - Means any highway, road or street open to, or used by, the public and includes every carriageway, footway, reservation, median strip and traffic island on it.
  • ‘Authorised’ - Given official permission for or approval to.

What the Police & Prosecution must prove in court to secure a disqualified driving criminal conviction

How they might prove this

The sooner you act the better.

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.

Lawyers with extensive disqualified driving experience.

Meet with lawyers who have successfully defended many clients charged with disqualified driving.

  • Past Cases
  • Good Results
  • Happy Clients
Make enquiry

Possible Defences

If we can prove one of these defences together...

  • There could be no criminal conviction recorded.
  • You could have charges dropped before your court date.
  • You could have the case thrown out of court.
  • You could be found innocent in court.

The sooner you act the better.

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.

Lawyers with extensive disqualified driving experience.

Meet with lawyers who have successfully defended many clients charged with disqualified driving.

  • Past Cases
  • Good Results
  • Happy Clients
Make enquiry

Possible Outcomes

What’s taken into account if you’re found guilty...

  • The circumstances of the assault
  • Your criminal history
  • If you are a person of good character
  • Your personal life and mental health
  • If you show remorse

First offence

For a first offence the offender must receive a fine of not less than $400.00 and not more than $2000.00. They may be liable to imprisonment for up to 12 months and must be disqualified from driving for a period of not less than 9 months and not more than 3 years on top of any current suspensions in place.

Second & subsequent offences

For subsequent offending, the offender must receive a fine of not less than $1000.00 and not more than $4000.00. They may be liable to imprisonment for up to 18 months, and must be disqualified from driving for an additional 9 months on top of their current suspension.

The sooner you act the better.

Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.

Lawyers with extensive disqualified driving experience.

Meet with lawyers who have successfully defended many clients charged with disqualified driving.

  • Past Cases
  • Good Results
  • Happy Clients
Make enquiry

Popular Disqualified Driving Questions

If you have been charged we are sure you will have lots of questions.
Some of the most popular ones past clients ask are listed below.

What happens if I drive whilst disqualified?

It is a serious offence to drive while your licence is under court ordered disqualification or under cancellation.

If you are convicted of this offence, the consequences are that:

  • you may be disqualified from driving for at least 9 months on top of any current disqualification;
  • you will be fined;
  • you may be sent to prison.

You should seek legal advice if you are charged with driving whilst disqualified.

The other consequence of driving while you are disqualified or under cancellation is that you have no third party (personal) insurance, because this attaches to your driver’s licence. If you do not have third party insurance and you injure someone or cause damage to someone else’s property while driving, you are completely responsible for the costs associated with the injury or property damage.

When does a disqualification start?

If you are found guilty, a disqualification will start when you are sentenced.

If you are sentenced with disqualification whilst you are serving a previous disqualification, the disqualification will be cumulative on (in addition to) the previous one. For example, if you have been disqualified for 9 months, and you are currently on a 6 month disqualification, the 9 month disqualification will start only when the 6 month disqualification is over.

When can I apply to remove a disqualification?

If you have been disqualified from driving and the length of that disqualification is more than three years, or you have been disqualified for life, you can apply to get your driver's licence back before the disqualification ends.

However, you will have to wait a certain amount of time before you can apply to get your licence back. This is called a waiting period. The time you have to wait depends on the length of your disqualification.

It is best to get legal advice before applying, in particular to ensure that you have calculated the correct waiting period. This is because your application will be refused if you have not waited for long enough and in this case you may still have to pay the legal costs of the application. In addition, you will not be allowed to make another application for at least a year, even if the correct waiting period has elapsed.

Our Lawyer’s Results

Get the best possible outcome with our team.
Some recent outcomes are below.

Minimum Penalties – Perth Man

Perth Man walks away with minimum penalties for drink driving offence. A man charged with Driving whilst under the influence of alcohol (in excess of 0.15) walks away with a minimal fine and disqualification from driving.

Repeat Offender Avoids Jail – Perth Man

Midland Man gets the benefit of a further suspended sentence for Driving without Authority. A Midland Man who has come before the Court for No Authority to Drive on numerous occasions, walked away with a further suspended sentence after previously having been granted the benefit of the order by the Court for prior offending.

Charges Downgraded – Perth Man

Young Man charged with Reckless Driving under Hoon legislation has charges downgraded to Careless Driving. The result means the driver no longer faces a period of disqualification of his licence for the offence and his vehicle won’t be crushed.

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