Disqualified, Suspended and Cancelled Driving

The Table below reveals the local court penalties and serious trouble that a person can get into if facing police charges for these driving offences. Repeat offenders risk imprisonment or direct alternatives such as Community Service Orders, Intensive Corrections Orders, Suspended Prison Sentences and Home Detention.

In some circumstances, it is possible for the Magistrate to find the offence proved but not record a conviction, pursuant to Section 10 Crimes (Sentencing Procedure) Act. However, if convicted, the court must impose a mandatory minimum disqualification period.

We can discuss with you the likely penalties, legal costs and preparation necessary to achieve a good result – including attendance at the Traffic Offender Intervention Program, suitable references and other supporting evidence that may assist whether you are pleading guilty and facing sentencing proceedings, or pleading not guilty and running a defended hearing.

Licence suspension can only occur through the RMS, State Debt Recovery Office or the police. A suspended licence cannot be used for a period of time until the suspension is lifted. The RMS might suspend a licence for exceeding the speed limit by 30 or 45 km/h, for demerit points loss, for unpaid fines through the State Debt Recovery Office, or if there is some other irregularity with the licence. Police can suspend a licence if they detect certain offences, including mid range drink driving, high range drink driving, burnouts, certain speeding offences, manner dangerous, predatory driving, drug driving, and the like.

Disqualification can only be imposed by a court. When a licence is disqualified, it is also cancelled. The only way to overcome cancellation is to re-apply for the licence when legally able to do so, i.e. after the disqualification period has ended.


What are the Penalties?


Driving Disqualified, Suspended Driving and Drive Whilst Cancelled Penalties NSW
First Offence (first offence of this type and where no prior major offence within the past 5 years)
Maximum FineMaximum GaolMandatory Minimum Disqualification
$3,30018 months12 months - except for Fine Default Suspension which carries a 3 month disqualification period
Second Offence (second or subsequent offence within 5 years or where prior major offence within that time)
Maximum FineMaximum GaolMandatory Minimum Disqualification
$5,5002 years2 years


A conviction for any of these offences means a criminal conviction and a criminal record.