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Caldicott & Co. Solicitors

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Traffic Law Criminal Law White Collar Crime Civil Litigation & Compensation Wills & Estate Planning Family Law
Caldicott & Co. offer expert legal traffic representation for traffic law offences, such as drink driving.
Our experienced criminal lawyers can provide the best possible legal defence for all criminal offences.
Caldicott & Co . criminal law team have experience in representing clients charged with corporate offences.
Caldicott & Co. have extensive experience in all areas of Compensation and Civil Litigation claims or matters.
If you are buying property or considering your will, Caldicott & Co. can help you with it.
Our family lawyers specialise in all aspects of family law.
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SA LAW Driving While Disqualified

Law Information - Driving - Other Traffic Offences - SA

Driving While Disqualified

Date: 01/09/2009

The Law - TBA

The Maximum Penalty for 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 prosecution must prove - Driving While Disqualified

TBA

Possible Defences - Driving While Disqualified

TBA

The Court process - 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 ...".

Written by
Craig Caldicott
Criminal Defence Lawyer

Contact Craig Caldicott 

08 8298 2066