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Drive While Cancelled

Driving – Other Traffic Offences – NSW

Welcome to the NSW Drive while cancelled article page. Everything you need to know about Drive while cancelled according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Drive while cancelled

According to NSW Law for the charge of Drive while cancelled:

The Maximum Penalty – Drive while cancelled

According to NSW Law for the charge of Drive while cancelled,

Regardless of how bad your traffic record is the court has a discretion whether to record a conviction against you for the offence. If the court decides not to record a conviction, you will not be disqualified from driving. Section 10 of the Crimes (Sentencing Procedure) Act allows a court that finds a person guilty of an offence the discretion not to impose a conviction against them.

If the court decides to convict you for the offence the court must disqualify you from driving for the mantatory period set by the law or any additional period as the court may order. The mandatory period of disqualification is the minimum period of disqualification that the court can impose if it convicts you of the offence.

The following penalties apply once the court decides that it intends to record a conviction against you for the offence:

1st Major Traffic Offence – Drive Whilst Cancelled

  1. A maximum fine of $3,300.00
  2. An unlimited maximum disqualification period
  3. A mandatory disqualification period of 12 months

2nd or subsequent major offence within 5 years – Drive Whilst Cancelled

  1. A maximum fine of $5,500.00
  2. An unlimited maximum disqualification period
  3. A mandatory disqualification period of 2 years

Possible Defences under NSW Law – Drive while cancelled

The most common defence for this offence is the defence of honest and reasonable mistake of fact. You must give evidence that you were unaware at the time of driving that you were either cancelled or suspended because you were not notified by the RTA. In order to successfully raise the defence you have to prove that your belief that you were not cancelled or suspended was both honest and reasonably held.

It is normally easy to prove that you were not notified by the RTA that your licence was cancelled or suspended. However, your belief that you were not cancelled or suspended must be reasonable. Knowing that you had exceeded your demerit points or that you had outstanding fines may prove that your belief was not reasonable.

This defence is often successful as the courts regularly find errors made by the RTA.

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