Hi there. We have assumed that you have been charged, for a second time, with driving whilst your licence is suspended (also known as driving whilst disqualified).

In Western Australia, it is an offence to drive whilst unauthorised to do so. A first offence carries a fine of $300, and any second or subsequent offence carries a $600 fine.

It is an additional offence to drive whilst your license is suspended due to an accumulation of fines and demerit points. The penalty is a fine between $200 and $1,500 and/or a term of imprisonment of up to 12 months. A court can also disqualify an offender from obtaining an Australian licence for up to 3 years.

If your licence was suspended or disqualified due to a reason other than an accumulation of fines or demerit points (e.g. your licence was disqualified for drink driving), the penalties are different. A first offence attracts a fine between $400 and $2,000 and/or a term of imprisonment of up to 12 months. Second and subsequent offences carry a fine between $1,000 and $4,000 and/or a term of imprisonment of up to 18 months. A court may also disqualify an offender from obtaining an Australian licence for a period of between 9 months and 3 years, depending on the seriousness of the offence.

If you fall into one of the above categories, you will have received a written notice from the police, Department of Transport or the Magistrates Court outlining the details of the charge. You may be required to attend a court hearing where you can plead ‘guilty’ or ‘not guilty’ to the offence. The penalty imposed by a court will largely depend on the nature of the offence and your personal circumstances.

Suggested way forward

You should consider speaking to a criminal lawyer to better understand your legal rights and the consequences you face. 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.