What is the penalty for driving while disqualified and unlicensed, for the second time?
Hi there. The penalty for a second offence of driving while disqualified will vary based on the specific facts of your case. However, the law does provide a range of possible penalties for each offence.
For driving while disqualified, as a second offence, the penalty is disqualification from holding or obtaining a driver's licence for a minimum period of 9 months, up to a maximum of 3 years, on top of any current disqualification periods. The penalty may also include a fine between $1,000 and $4,000.
Additionally, there could be a prison sentence of up to 18 months. While imprisonment is an available sentencing option, it is not a mandatory penalty. It is a long-standing principle that imprisonment is the punishment of last resort, and a court will consider all the circumstances of your case (including your offending conduct and personal circumstances) before deciding whether imprisonment is an appropriate penalty.
Suggested way forward
For more general information on driving offences, see Legal Aid WA’s website (www.legalaid.wa.gov.au). If you are charged with this offence, you may want to seek professional legal advice and representation. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.