Multiple breaches of Driving Whilst Suspended
Our client is a young international student on a visa who came to us with a poor driving record, having committed multiple infringements including, driving whilst using a mobile phone, speeding on multiple occasions especially under double demerit points, and disobeying road rules and traffic signs. He was also driving with an international driver’s licence from Bangladesh.
Our client was previously suspended however, he was not aware of this. He was pulled over by the police and informed of his suspension and was required to attend court. He received a $600 fine and a 3-month suspension.
Thereafter, our client was being transported to various locations by his partner when on one occasion, the clutch of the vehicle that was being driven by his partner began to malfunction. In a letter to the magistrate from his partner, it is revealed that she insisted our client to continue driving in her place to a nearby mechanic, as opposed to seeking other assistance due to financial difficulty. They had only been driving for a few minutes before they were pulled over.
He pleaded guilty to the offence of driving whilst his driving privileges were withdrawn. For a second or subsequent offence, the maximum penalty is a fine of $5,500 and/or 2 years imprisonment. A mandatory licence disqualification of 2 years is also given to a second or subsequent offence.
Our Submissions and the Court
The aim of our team was to reduce this penalty as much as possible in the given circumstances. Various submissions and statements were presented to the Magistrate at Parramatta Local Court detailing his significant contribution to the wider community by way of volunteer work and support work for people with disabilities, his employment as a courier driver, his status as a student on a visa not entitled to social security payments or other financial dependencies, an apology letter, and the completion of a traffic offenders rehabilitation program upon our advice. The necessity of his licence for study commitments and his ability to gain and retain employment and remain in Australia were also emphasised to the court.
The Outcome – Reduced disqualification period
The Magistrate concluded that our client was to immediately apply for a NSW driver licence upon serving his suspension. He was ordered with a 12-month conditional release order instead of imprisonment, and a 9-month disqualification period which was reduced from the maximum disqualification period of 12-months. This was a success considering his appalling driving record.
Penalty snapshot in NSW (as at 15 October 2025)
- Offence provision: Road Transport Act 2013, s 54 covers driving while disqualified, suspended or cancelled.
- Second or subsequent offence within 5 years: maximum fine $5,500 and maximum imprisonment 12 months; courts also impose disqualification under the table in s 205A with a default 12 months that can be varied down to the minimum 6 months or increased, depending on the case.
- First offence guide: maximum fine $3,300, maximum imprisonment 6 months, and disqualification per s 205A (default 6 months, minimum 3 months).
- CROs and s 10: A Conditional Release Order (s 9) can be made with conviction or without conviction under s 10(1)(b). Disqualification applies on conviction for s 54; if the court deals with the matter without conviction under s 10, no further disqualification is imposed for that offence.
International students and overseas licences in NSW
- Overseas licence holders must follow NSW rules and, depending on status and time in NSW, may need to transfer to a NSW licence. See Driving with an overseas or interstate licence and the overseas licence FAQs.
- When eligible, apply for your NSW licence: Get a NSW driver licence and transfer an overseas driver licence.
Rehabilitation and compliance resources
- Approved Traffic Offender Intervention Program: PCYC TOIP and PCYC driver education.
- Appeal logistics: Appeal a licence or registration decision and Local Court licence appeal FAQ.
- Suspensions and disqualifications explained: NSW Government guide.
Need help with a driving whilst suspended charge?
Time limits and eligibility rules can be complex. For tailored advice on s 54 offences, CROs and appeals, speak with our Sydney traffic lawyers or call (02) 8806 0866.
