What the Law states - Driving disqualified
Road Safety Act 1986 - SECT 30
Offence to drive while disqualified etc.30. Offence to drive while disqualified etc.
(1) Subject to section 30AA, a person must not drive a motor vehicle on a highway while the authorisation granted to him or her to do so under this Part is suspended or during a period of disqualification from obtaining such an authorisation.
Maximum Penalty for the charge of Driving disqualified
First offence: 4 months imprisonment or 20 penalty units
Subsequent offence: 1 month - 2 years imprisonment
What the Prosecution must prove - Driving disqualified
1. A person drove a motor vehicle on a highway.
2. The person was suspended or disqualified from driving.
Possible Defences - Driving disqualified
1. Factual dispute.
2. Emergency.
Which court will hear the charge of Driving disqualified
Magistrates' Court