Charged with Driving Unlicensed in Adelaide?

Driving Unlicensed Lawyers in Adelaide

Charged with Driving Unlicensed? Protect your licence (or ability to obtain one), reduce penalties, and avoid lengthy disqualifications or even imprisonment. Book a free 30-minute consultation with Talon Legal’s experienced traffic lawyers in Adelaide.

What Does “Driving Unlicensed” Mean?

Under section 74 of the Motor Vehicles Act 1959 (SA), it an offence to drive a motor vehicle on a road if you do not hold a valid licence or learner’s permit for that class of vehicle. Depending on your past driving history and the circumstances, this offence can attract heavy fines, mandatory disqualifications, or in some cases imprisonment—particularly if you previously lost your licence for a serious drink driving or drug driving offence.

Penalty for Driving Unlicensed

What is a “Subsequent Offence”?

A second or further offence is treated as “subsequent” if committed after a conviction for certain previous offences, such as driving disqualified or driving unlicensed under section 74 of the Act.

In the initial case of Police v Whitehouse [2004] SASC 371 the driver was previously convicted against an earlier version of section 74 and was sentenced on the basis that the current offence did not constitute a subsequent offence. However, later rulings adjusted this interpretation.

A prior conviction under the version of section 74 before its amendment in December 2003 can now be considered a first offence. This makes any conviction for similar conduct after the amendment a ‘subsequent’ offence, potentially leading to more severe penalties, including imprisonment.

This was reinforced in Police v Hallett [2010] 256 emphasised that any relevant offence committed within a specified period must be considered for sentencing as a subsequent offence, regardless of the judicial outcomes of previous offences.

Court Imposed Disqualification

For offences where the maximum penalty is $5,000 or 1 year imprisonment (i.e., serious unlicensed driving cases), s 74(5) mandates:

1. Minimum 3-Year Disqualification.
2. No Reduction or Mitigation.
3. Immediate Licence Cancellation if you still hold any licence.

Trifling or Indifferent?

• While courts may reduce or mitigate penalties for “trifling” in some traffic matters, Police v Betts [2009] SASC 223 indicates that the minimum disqualification under s 74(5) generally cannot be reduced for trifling if the decision is based on compassionate grounds. Here, the offfence was not considered trifling as it involved a conscious decision to drive without a license, which was exacerbated by a prior conviction for a similar offence
• However, conflicting decisions (Police v Hallett [2010] SASC 256) highlight the complexity of applying “trifling” to unlicensed offences.
• Book a free consultation with an expert traffic lawyer to find out if your matter is trifling.

Common Defences & Exemptions

Interstate or Overseas Licence

• If you moved to South Australia recently, you may have a 3-month grace period to transfer after becoming a permanent resident.
• International visitors with a foreign licence or permit may be exempt for the first 3 months.
• However, complexities arise if you have stayed longer than 3 months or your overseas licence is invalid.

Reasonable Mistake of Fact

• You genuinely believed your SA driver’s licence was renewed. Brookes v Police [2014] SASC 22 considered a 58 year driver with no prior convictions who unintentionally missed renewing her registration and licence during a period of considerable stress and depression.
• The courts still apply rigorous standards; a simple forgetfulness rarely guarantees no penalty, but might reduce it.

Errors in Licence Class

• • If you hold a licence for a different vehicle class and have enough driving experience to upgrade legally (s 74(3)(b)(ii)), that might constitute “being authorised”.
  • Proof of driving experience is key.

No Prior Convictions

• • If this is your first offence, you may qualify for an expiation notice instead of a court summons, reducing overall penalties, resulting in an automatically spent conviction.

Trifling/Exceptional Circumstances

• • Rare, but can be argued if the offence was minimal risk or due to an emergency. However, s 74(5) is notoriously rigid on mandatory disqualifications and the court sets a very high threshold for trifling applications.

Practical Examples

• Forgotten Renewal – Sarah forgets to renew her Class C licence. She is pulled over, found to be unlicensed. As she held the licence previously, the maximum penalty is $1,250, often lower if expiated.
• Never Held a Licence – John, 20, drives a car without ever applying for a learner’s or P licence. He is caught for the first time—faces a court fine up to $2,500. A second offence could mean $5,000, 1 year jail, plus a 3-year licence disqualification.
• Drink Driving Conviction – Lucy was convicted of Drink Driving (Category 3 PCA) and was disqualified for 12 months. She failed to reapply for a driver’s licence after being disqualified. If caught driving, she risks a $5,000 fine or 1 year in jail, plus at least a further 3-year disqualification.
• Refusing a Breath Test – Peter was convicted of refusing to provide a breath sample and disqualified for 12 months. He also failed to reapply for a driver’s licence after being disqualified and faces the same penalty as Lucy.

Why Seek Legal Advice?

Even “straightforward” unlicensed driving can escalate, especially if:

• You never had a licence or have been convicted before.
• You recently finished a serious drink driving ban but did not reapply for a licence.
• Police allege you committed multiple offences (e.g., speeding, driving disqualified under s 91, etc.)

What We Will Do

• Procedural Checks – Validate your licence status, confirm potential defences, identify any mistakes in police or court records.
• Minimising Penalties – Challenge the severity of charges, reduce fines/disqualification periods where possible.
• Court Representation – We appear on your behalf in Adelaide Magistrates Court and regional or suburban courts, negotiating best outcomes or taking matters to trial if necessary.

How Talon Legal Can Help

1. Free Consultation – We review your case, licence history, and relevant documents.
2. Evidence Analysis – Clarify police claims, confirm if interstate/overseas licences or exemptions apply.
3. Defence Strategy – Explore mitigating circumstances, trifling applications, or procedural errors.
4. Court Advocacy – Negotiate charge withdrawals, a lesser penalty, or alternative sentencing options.
5. Ongoing Support – We guide you through re-licensing or compliance with new disqualification terms.

Book a Free 30 Minute Consultation

Charged with Driving Unlicensed? Do not risk a 3-year disqualification, large fines, or jail time without expert legal advice. Our Adelaide traffic lawyers stand ready to defend your rights.

Book a Free 30 Minute Consultation to avoid keep your licence, reduce demerit points, avoid imprisonment and achieve the best possible outcome. We will fight to protect your licence—and your freedom.