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Driving whilst Cancelled QLD

How a Driver Commits Unlicensed Driving

It is absolutely prohibited for one to drive around Queensland without a driver’s license, whatever his reason may be. There are five ways by which a person commits the offence of unlicensed driving:

Driving Without a Valid License

Unlicensed driving is usually committed by persons who drove without ever getting a license or drove with an expired license. The offence is also committed but one who has a driver’s license but not for the type of vehicle he is driving.

Driving while Disqualified from Driving

Disqualification from driving is the penalty for drink driving, drug driving, and the dangerous operation of a vehicle. After the period of his disqualification, the driver must apply again for a license and until he gets it then he must not drive. The penalties are disqualification from driving for 2 to 5 years, fine of up to $6600 or imprisonment of up to 18 months. The penalties are stiff because it is the intention of the law that the driver wait out his period of disqualification before driving again.

Driving with a Suspended License

A driver’s license may be suspended for the following reasons: non-payment of court imposed fines, conviction for driving more than 40 kilometers over the speed limit and for having gained too many demerit points. The penalty for this type of unlicensed driving is disqualification from driving for up to 6 months, fine of up to $4400 or imprisonment for up to 1 year.

Driving while License has been Immediately Suspended

  • Police in Queensland have the authority to immediately suspend a driver’s license if he has:
  • Refused a breath or blood test;
  • Been charged for drink driving with a BAC of 0.10 or higher;
  • Been charged with dangerous operation of a vehicle while under the influence of alcohol or drugs;
  • Been charged with another drink driving offence while an earlier charge is still pending.
  • Drivers whose licenses have been immediately suspended must wait until the charges against them are heard in court. They must not drive until the suspension is lifted.

Driving with a License Withdrawn

This type of unlicensed driving pertains to drivers who were granted authority to drive in Queensland but such authority has been withdrawn for the following reasons:

  • Driver was found to be medically unfit to drive;
  • Application of the three months residency rule.

Unlike other types of unlicensed driving offences, the offender will not be disqualified from driving since in the first place he is not a Queensland driver’s license holder. The offender will most likely receive an infringement notice for a first offence.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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