Driving Unlicensed in NSW

The Offence

Driving unlicensed in NSW is a fairly self-explanatory offence and applies to any individual who either:

  • Does not hold a drivers license or permit, including where a license is expired;
  • Is in breach of an existing condition rendering their license invalid; or
  • Being a person who is exempt.

The Penalty

There is no mandatory minimum period that an offender must be taken off the road in relation to an unlicensed driving charge, but it is instead at the discretion of the Magistrate.

The maximum penalties however are quite significant, including between 1 and 4 months jail in some circumstances.

It should be noted that repeat offenders are dealt with extremely seriously and even second time offenders have seen a sentence of imprisonment. If you have been charged with any of the above offences, it is imperative that you call an expert traffic lawyer ASAP to discuss your case.

Can I Defend the Charge?

Similar defences apply to driving unlicensed as for driving suspended or disqualified, however as it is the lesser of the licensing offences, first time offenders usually receive a fine and potentially a short period of licence loss if necessary. There is however no mandatory minimum period that an offender must be taken off the road.

In conjunction with other offences, this offence can become more serious and you should speak to a lawyer about potential defences, and the reasonableness and likelihood of being successful.