Will I get a criminal record?

In short, a conviction for driving with a disqualified licence will appear on your criminal record.

However, a conviction can be avoided if you receive a conditional release order without conviction. The court will consider a range of factors before imposing this sentence. For example:

• The circumstances of the offence
• Your criminal history
• Your traffic history
• And your personal circumstances.  

Will I lose my licence?

A period of disqualification will be given, if you are convicted.

Generally, the automatic disqualification period will apply. However, certain factors can reduce this period. For example, your need for a licence or completion of the Traffic Offenders Program. However, the disqualification can’t be less than the minimum period.

Penalty for Driving whilst Disqualified

The maximum penalties vary depending on whether the charge is a first offence, or a second or subsequent offence. However, a conditional release order or a community corrections order are common for this charge.

First offence

• Maximum fine of $3,300
• Maximum term of imprisonment of 6 months
• Automatic disqualification period of 6 months
• Minimum disqualification period of 3 months 

Second or subsequent offence

• Maximum fine of $5,500
• Maximum term of imprisonment of 12 months
• Automatic disqualification period of 12 months
• Minimum disqualification period of 6 months