ADLA Quicklinks


Offence

Begin Search
ADLA member for - SA

Written by
Craig Caldicott
Criminal Defence Lawyer


Email your enquiry Make an appointment
08 8298 2066
Driving - Other Traffic Offences - SA
Welcome to the SA Driving While Disqualified article page. Everything you need to know about Driving While Disqualified according to SA law - Dated: 09/01/2009

What the Law States according to SA Law for Driving While Disqualified
According to SA Law for the charge of Driving While Disqualified, TBA

The Maximum Penalty - Driving While Disqualified
According to SA Law for the charge of Driving While Disqualified, A person who is found guilty of driving a motor vehicle while disqualified from holding or obtaining a driver's licence
or while the person's licence is suspended, may be gaoled for up to six months (2 years for a subsequent offence)
[ Motor Vehicles Act 1959   s 91(5)].

What the Police must prove according to SA Law for Driving While Disqualified
TBA

Possible Defences under SA Law - Driving While Disqualified
TBA

In SA which court will hear the matter - Driving While Disqualified
The Supreme Court has frequently emphasised that the ordinary punishment for driving while disqualified must be
imprisonment however, the court retains a   discretion   to suspend the sentence, but only in exceptional circumstances.
The Full Supreme Court (Police v Trevor Harold Cadd, John Patrick Hall, Attila Tibor Illes, Vasilios Vlachos and Mark Adrian Quinn (1997) Judgement No. 618, Mullighan J), held that the punishment should be imprisonment:
“In the ordinary case of contumacious offending by a first offender, but the circumstances of the offending or the offender or both may dictate some less severe form of punishment ...".

The content on this website - including information and articles on the law, is intended only to provide a helpful starting point on the law. It is not intended that you rely on this information as a complete explanation and nor does it constitute legal advice.

We try to update the website and its content as much as possible, but do not guarantee that it is up to date. If you have a legal problem, you should use the information on this website as a starting point to ask legal advise from a lawyer. You should not rely on the information alone. You should seek legal or other professional advice before acting or relying on any of the Content.

Please be aware that you using our website or receiving information from us is not intended to and does not create a solicitor-client relationship between you and our law firm.