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Traffic Law

Disqualified Driving

It is an offence to drive whilst you have been disqualified from holding or obtaining a driver’s licence. Disqualifications can be issued by a number of Government authorities and for various reasons.

Disqualifications can be from:

  • The Fines Enforcement Branch due to unpaid fines
  • The Department of Transport for incurring 12 or more demerit points [in a 3 year period]
  • The Department of Transport for breaching conditions of a learners permit or a provisional licence
  • By the Magistrate, District or Supreme Courts for offences of dangerous driving, drink driving and more.

If you drive when you are disqualified, regardless of the type of disqualification, you are committing a very serious offence.

What is extremely important to know is that a person can be liable to a term of imprisonment for this type of offending, even if it is their first offence. Furthermore, a person who is found guilty of committing a second or subsequent offence of this kind, is highly likely to receive a term of imprisonment, with a direction that they be taken into custody on that day. This can obviously have significant consequences on a person in terms of their employment, their future career plans, any overseas travel, and their family and friends.

This offence is serious. It is therefore vital that you obtain sound and informative legal advice about the matter before you are required to attend court.

Traffic Matters

In many circumstances losing your driver’s licence can significantly affect your employment, income and family. However, in some circumstances, with the right legal advice, there are ways in which you may be able to avoid this.

We specialise in the following areas:

  • Drink Driving
  • Drug Driving
  • Speeding
  • Driver’s Licences (Learners, P1, P2, Full and International licences)
  • Drag Racing
  • Using a mobile phone
  • Disqualification of Licence
  • Escaping Police Pursuits
  • Causing Harm by Dangerous Driving
  • Causing Death by Dangerous Driving
  • Demerit Points \ Appeals

Even where you may be found guilty of an offence there are ways in which you can apply to the Court to reduce (or avoid entirely) incurring demerit points. It is always worth speaking with a qualified lawyer before confronting the Court.

Vehicle Impounding & Forfeiture

What many South Australian residents do not realise, is that if they are found guilty of one or a number of prescribed traffic offences (such as drink driving), they can be eligible to be served with an application by the South Australian Police [SAPOL] for the impounding and\or forfeiture of their vehicle.

This can often result in severe financial and physical hardship and it is strongly recommended that you seek the advice of a solicitor at the earliest opportunity to ensure your interests are protected.

For any legal assistance regarding any traffic matters and to be fully informed, call Carter & Co Lawyers on (08) 8440 2478 or 1300 707 053.