0431 600 666
The courts and judiciary take the offence of Drive Whilst Disqualified extremely seriously. The need for deterrence in the community is at the forefront of the sentencing exercise and at present, the penalties include;
- 1st Offence- maximum fine of $3,300, a maximum prison sentence of 18 months and mandatory disqualification of 12 months;
- 2nd or Subsequent Offence- maximum fine of $5,500, a maximum prison sentence of 2 years and mandatory disqualification for 2 years
The rigidity and impact of these penalties have been the subject of debate and discussion between legal practitioners, statisticians, and law reform bodies for some time.
The practicalities for many offenders is significant time off the road and the real risk of serving a significant period of time in prison. This time off the road can have flow-on effects for transport, employment and family commitments especially for those who don’t have the option of public transport due to their geographical or demographical position.
These issues have been recognised by Parliament and the Law Reform Commission and have resulted in the proposed Road Transport Amendment (Driver Licence Disqualification) Bill 2017. The Bill proposes the following key amendments;
(a) confers on the Local Court power to remove outstanding driver licence disqualification
periods, and
(b) abolishes the habitual traffic offender scheme, and
(c) provides for clearer delineation and flexibility of periods of driver licence disqualification
for unauthorised driving offences, and
(d) reduces the maximum periods of imprisonment that may be imposed for unauthorised
driving offences, and
(e) enables additional sanctions concerning vehicles to be imposed for unauthorised driving
offences and in relation to recidivist unauthorised drivers.
The Traffic Law Team at O’Brien Winter Partners welcome the above changes, due to commence in October 2017 and encourage you to contact our office on 49492000 to discuss your application further.