A person who drives a motor vehicle while suspended or disqualified from holding or obtaining a drivers licence is guilty of an offence under the Motor Vehicles Act 1959 (SA).

Although dealt with in the Magistrates Court, this is viewed as a very serious charge in South Australia. The case law states that the usual penalty for a person committing an offence for the first time is imprisonment. Our view is that it is imperative that you get legal advice in respect of this type of charge.

The maximum penalty for a first offence is 6 months imprisonment. The maximum penalty for any subsequent offence is 2 years imprisonment. In addition, the court has the power to impose a further licence disqualification if it sees fit.

The police must prove that you were driving the vehicle on a road, and that you were disqualified or suspended from holding a drivers licence at the time.

There are limited defences to this charge, but they include:

• duress
• honest and reasonable mistake of fact
• autrefois convict, and
• mental impairment.

This is a summary offence and will be heard in the Magistrates Court of South Australia. A trial by jury is not possible unless it is joined with a major indictable offence or you elect to be prosecuted in the District Court of South Australia.