Drivers Licence Offences
Whether you were caught driving unlicensed, disqualified, or you're appealing a suspension, we provide rapid legal advice to reduce penalties, avoid convictions, and protect your right to drive."
Drivers Licence Offences
Charged withcaught driving unlicensed, disqualified, or need to appeal a suspension? Our Adelaide traffic lawyers know how to fix it fast. We fight to reduce penalties, avoid convictions, and protect your ability to drive.
We regularly appear throughout courts in Adelaide, Elizabeth, Christies Beach, Port Adelaide, Mount Barker and elsewhere to provide the best defence and expert advice for all types of driving licence issues and offences, including:
- Driving Unlicensed
- Drivers Licence Appeal (Provisional or Probationary)
- Driving Disqualified
- Demerit Point Reduction Applications
- Trifling or Other Proper Cause Applications
- Appealing police issued immediate loss of licence (‘ILOL’)
- Applications to lift licence disqualification
Click through to our detailed pages for in-depth information on penalties, defences, and how we can help.
Lose your licence and you risk your job, your freedom, and your future.
Facing a Licence Disqualification?
Your licence can be taken from you instantly — often on the spot.
You might lose your car, your income, and your ability to care for family. The legal system does not wait. But with the right lawyer, neither do you.
Our Adelaide traffic lawyers appreciate what is at stake and have built a proven track record of success based on this understanding.
We will help you navigate licence-related offences, from driving unlicensed, driving disqualified or while suspended to appealing licence disqualifications or making applications for demerit point reductions in the Magistrates Court.
We tirelessly fight for our clients and explore every option to achieve the best outcome including charge withdrawals, demerit points reductions, without-conviction orders and reducing disqualification periods.
Book a free 30-minute consultation to get started today.
Driving Unlicensed
Driving unlicensed is an offence that is punishable by imprisonment and further disqualification. You may be charged with driving unlicensed or unauthorised if you drive a motor vehicle without holding the correct class of licence.
You may also be charged with this offence if you are caught driving without reapplying for drivers licence after certain drink driving or drug driving disqualifications.
Penalty for Driving Unlicensed
Section 74 of the Motor Vehicles Act 1959 (SA) imposes significant penalties on drivers who are caught driving a motor vehicle without a licence. Penalties vary based on your licence history and whether you have prior convictions for drink driving or drug driving.
| Offence | Penalty | Example | Disqualification |
|---|---|---|---|
| Driving Unlicensed | $1,250 | You previously held a valid licence. | |
| Driving Unauthorised | $2,500 | You never held a licence. | |
| Driving Unauthorised (Subsequent) | $5,000 or 1 Year Imprisonment | You never held a licence. | 3 Years |
| Driving Unlicensed (Drink Driving) | $5,000 or 1 Year Imprisonment | 2 convictions in previous 5 years. | 3 Years |
| Driving Unlicensed (Drug Driving) | $5,000 or 1 Year Imprisonment | 2 convictions in previous 5 years. | 3 Years |
Key Points
- Never Held a Licence – Maximum $2,500 fine for a first offence or higher fines and potential jail time for repeat offences.
- Expired licence – Maximum $1,250 fine, plus possible disqualification.
- Previous Drink Driving / Drug Driving History – Failing to reapply after disqualification triggers steep penalties, often a 3-year ban.
Whether you forgot to renew or unknowingly exceeded your overseas licence grace period, we analyse your situation for possible defences such as genuine mistake of fact or trifling circumstances.
Read more on Driving Unlicensed.
Drivers Licence Appeal
Provisional or probationary licence holders who accrue too many demerit points or breach licence conditions may be automatically disqualified for 6 to 12 months.
Under section 81BB of the Motor Vehicles Act 1959 (SA), you can appeal this disqualification to the Magistrates Court if you can show:
- Severe and Unusual Hardship – A genuine inability to cope without a licence (e.g., essential work commute or medical appointments).
- No Ongoing Safety Risk – You must prove you are not a danger to yourself or the public.
Key Points
- One Chance – If you succeed, the disqualification is removed, but any subsequent breach often leads to a 12-month ban without another appeal.
- Court Procedure – Requires filing a Form 5A application, providing evidence of hardship, and appearing before a Magistrate.
- Eligibility – Learner drivers or those who have already signed a Safer Driver Agreement or won a prior appeal in the last 5 years do not qualify.
A successful appeal can spare you from a 6-12 month disqualification, but the Court sets a high bar. Need urgent assistance to keep your licence?
Learn more about the Drivers Licence Appeal process and how we can help.
Driving Disqualified
Section 91 of the Motor Vehicles Act 1959 (SA) makes it an offence to drive while disqualified.
Courts view disqualified driving as undermining prior bans intended to keep unsafe drivers off the road and can sentence first time offenders to imprisonment.
Courts treat driving while disqualified as a serious offence that often results in imprisonment, especially for repeat or “contumacious” breaches, i.e., willfully driving in defiance or disregard of disqualification.
This often results in jail, especially for multiple prior offences or in aggravating circumstances.
Driving Disqualified Penalty SA
| Offence | Penalty |
|---|---|
| First Offence | 1 Year Imprisonment |
| Subsequent Offence | 3 Years Imprisonment |
Key Points
- Up to 12 months imprisonment for a first offence;
- Up to 3 years imprisonment for repeat offences; and
- Significant fines and an even longer disqualification.
Defences – may apply if you genuinely believed you were licensed.
If you have been charged with driving while disqualified, early legal advice is critical.
Read more on driving disqualified for possible defences such as “Honest and reasonable Mistake of fact” (e.g., administrative error, invalid notice) and sentencing considerations.
Common Elements & Defences
- Mandatory Disqualifications – Multiple sections in the Motor Vehicles Act prescribe minimum disqualification periods, sometimes for 3 years or more.
- Repeat Offences – Prior convictions can escalate penalties, leading to potential jail for second or subsequent offences.
- Mistake of Fact – If you genuinely believed you were licensed (e.g., administrative error at Service SA), this may be a valid defence under certain conditions.
- Trifling Cases – Courts occasionally reduce penalties for minimal-risk breaches or emergency-related acts, but the threshold for is high.
- Severe Hardship – If you hold a Probationary, P1/P2 licence and face disqualification, you must prove severe hardship (and no road safety risk) to succeed in an appeal.
How We Help
We represent
- Evidence Analysis – We examine your licence history, notice of disqualification, and any communication with authorities to identify procedural or administrative errors.
- Strategic Defences – From trifling applications to defences of honest and reasonable mistake of fact, we tailor defences that can reduce penalties or avoid conviction.
- Court Representation – We appear in all courts in South Australia such as Adelaide Magistrates Court and regional courts.
- Appeals & Negotiations – We will fight to get your licence back.
Book Your Free 30-Minute Consultation
Book a free 30 minute consultation to speak with Adelaide traffic lawyers specialising in drivers licence offences.
We fight for reduced penalties, favourable outcomes, and a path to staying on the road.