Drive Whilst


Lawyers NSW

What is Drive Whilst Unlicensed

Driving whilst unlicensed involves driving a motor vehicle on a public road without having a valid driver’s licence. Similarly, it is an offence to drive on a public road if one has never been licensed to do so.

Drive Whilst Unlicensed & The Law

Section 53 of the Road Transport Act 2013 makes it an offence to drive a vehicle on a public road without a licence. 

What the Prosecution need to Prove (Beyond a Reasonable Doubt):

  • The accused was driving a motor vehicle on a road; and

  • At the time, the accused did not have a valid driver’s licence, or

  • At the time, the accused had never been licensed to drive

Going to Court – “What am I looking at?”

If this is a first time a person has been charged with this offence, there is a maximum fine of $2,200.


If however, the person has been convicted of a previous offence of drive whilst Unlicensed within the past 5 years, the penalty will be much more severe with a maximum fine of up to $3,300 and a maximum period of imprisonment of 6 months, and automatic disqualification of 12 months, which can be reduced to a minimum of 3 months.  

Lawyer Call – here to help..


If you have been pulled over and at the time were not licensed to drive a motor vehicle on a public road, it is often very difficult to defend such a charge without a valid exemption.

If however, there were extenuating circumstances or critical factors of emergency, our Traffic defence team will explore those and present them in a delicate manner before a Magistrate urging them to consider giving you a more lenient sentence, with a reduced disqualification period, a minimal fine, and most importantly avoid imprisonment.

Factors such as the age, traffic record, attendance and participation at a Traffic Offenders Program, general character in the community, and the personal circumstances that gave rise to the driving will all be explored with you thoroughly. 

Contact Lawyer Call today and speak to one of our expert Traffic Lawyers and find out why our Defence Traffic Team is the ultimate group for a personalised touch to conferencing, legal advice and representation at Court.


“I cannot begin to thank Paul for his tireless efforts with my case. Would recommend them anybody with a criminal matter their clear communication and expert advice got me my best possible outcome”


—  Casey, Nurse


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