Being caught driving without your license is never a pleasant experience, but there is help available. You can expect a similar process regardless of whether your offence was careless or deliberately reckless. While the result may differ depending on your circumstances, here's what to expect after being charged with a traffic law offence.
When caught driving without a licence, you will be charged with an infringement under traffic law. A penalty may be issued on the spot, or you may be summonsed to appear in court. The latter is more common, so unless there are other legal concerns, you can expect to be released from the police station after the event. You will likely be given a date to attend court and advised not to commit any further offences while awaiting your court date.
There are several penalties that you might receive for driving without a licence. If convicted, you may experience a number of penalties. Firstly, the suspension period will likely be extended if your licence is currently suspended. If you've never held a licence and are caught driving, you may face time restrictions on being able to obtain a legal licence.
You are also likely to be issued with a fine, which can vary depending on the severity of the offence. A prison sentence may also be warranted in more severe cases or if a person is charged with multiple offences.
If you've been caught driving without a licence, there is a high likelihood you'll need to attend court unless your penalty is issued at the time of the offence. You technically don't need a lawyer for these court appearances, but they can be very helpful. If you want to argue for the minimum penalty or ask for other considerations, a lawyer is best placed to do this on your behalf. Of course, if you believe you're not guilty of the offence, hiring a lawyer is always a good idea.
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
