DRIVE WHILST SUSPENDED in NSW

Driving whilst suspended in NSW is a serious offence as this offence is committed by a person who drives a motor vehicle on a public road following the suspension of their licence by Transport for NSW. It should be noted that it is for the Court to determine as to whether or not a conviction should be recorded. If a conviction is recorded then a period of licence disqualification will also be followed.

FIRST OFFENCE:

SECOND OFFENCE (OR Subsequent offence within 5 years):

Will I get a Criminal Record?

The Court’s decision to not record a conviction will ultimately depend on your subjective circumstances, the way the offence was committed, whether this is a person’s first offence, the persons driving record, objective seriousness of the offence etc. If the Court decides to deal with your matter by way of a no conviction, then the court can either dismiss the charge pursuant to section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 or not record a conviction by way of a Conditional Release Order without proceeding to a conviction subject to the person being of good behaviour etc (for a certain period) pursuant to the Crimes (Sentencing Procedure) Act 1999.

It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.

*This article correctly reflects the Laws of NSW as at 8^th February 2023.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.