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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 m based in Melbourne Australia, have been caught driving

Customer Question

Hi I m based in Melbourne Australia, have been caught driving without license twice. The second time I provided my cousin's name in lieu of mine, because I panicked? Will i now be jailed?
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help. Have you talked to a lawyer yet?
Customer: Nope, the incident just happened an hour ago. Am I going to be jailed?
JA: Anything else you think the lawyer should know?
Customer: The first incident : a month ago, wenf for movie with family and I drove
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Australia Law
Expert:  Patrick H. replied 4 months ago.

Hello and thank you for your question.

Have you actually been charged with a particular offence and if so what exactly is the charge for?

In relation to the giving of a false identification information, there are numerous laws that require you to give information and impose penalties for giving a false name and address to a police officer or other official so it is not possible to say exactly what penalty you will incur, however, for most such offences a fine is the usual consequence if caught out.

That said if you lie in a way which misleads the police so they bring charges against other persons more serious trouble could result. If you have not been arrested, but rather they have just taken your details then likely the police are not treating it as a particularly serious offence, and you will likely simply get a fine or a summons to the magistrates court in relation to the offence, but in such cases a term of imprisonment would seem extremely unlikely unless you have a long history of similar offences.

In relation to the driving without a license for a second time, a court may well take that more seriously as the fact it is a second offence will indicate to the court that you have already had your warning and depending on the attitude of the court, you will likely face a very stiff fine, community service, a further period in which you will be barred from holding a license. Provided you show remorse a custodial sentence is unlikely, but the court will likely escalate the penalties if further offences of this time occur, so custodial sentence is something a court may consider if there were any further offences. The above assumes there were no other aggravating factors, however if you were high range speeding or under the influence of alcohol and were caught driving without a license, or if someone were actually hurt because of your driving, a custodial sentence would be a real possibility.

I trust the above assists your understanding.

Good luck and please rate my answer.


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