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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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I have recently moved to nsw from south aus, i was

Customer Question

I have recently moved to nsw from south aus, i was disqualified from driving in sa for a substantial amount of time an have recently been charged with driving disqualified in nsw. i am wondering what the outcome of this will be as i am not familiar with nsw laws
Submitted: 6 months ago.
Category: Australia Law
Expert:  Patrick H. replied 6 months ago.

Hello and thank you for your question.

Driving whilst disqualified is treated seriously by the NSW courts but each case is dealt with on its merits and it is difficult to predict how a court will determine a particular case without consideration of the detail of your driving history, the particular circumstances of the offence and your broader life situation, all of which can impact on the way the courts deal with such matters. If you have a long history of driving whilst disqualified, even if that history occurred interstate, if it were the first time you had driven disqualified, then there would likely be little risk of a term of imprisonment, unless there were very serious aggravating factors (alcohol or high range speeding as well).

Aside from a term of imprisonment other penalties the court can impose are a fine, a good behaviour bond, community service orders, etc. The following link is to an article may assist your understanding.

http://www.armstronglegal.com.au/traffic-law/driving-offences/drive-while-disqualified

I would strongly recommend you engage a suitable lawyer to represent you as your prospects of a good outcome will be considerably greater if you are represented. Indeed the very fact you have engaged a lawyer to represent you will signal to the court that you take the matter seriously, which will be to your favour come sentencing. Also if the circumstances of your case are exceptional, it is even possible you could be granted a section 10 which is where the court determines you are guilty but records no conviction.

I trust the above assists.

Good luck and please rate my answer.

Patrick