Driving While Disqualified (By Court)

This video is about driving while disqualified. This charge carries a mandatory minimum disqualification of 6 months, or 1 year if it a 3rd or subsequent charge. There are ways to avoid this disqualification. You must also be aware of the provisions of Section 129 of the Sentencing Act which require the court to confiscate your car.

Understanding New Zealand Law: Disqualified Driving

Disqualified driving is one of the most common charges in New Zealand, and it's crucial to understand the implications and your options if you're facing this charge.

The Consequences

When charged with disqualified driving, you're facing three different types of sanctions. The first one is the initial punitive element. On a first-time offence, this may be a fine. On a second offence, it may involve community work. By the third offence, they start considering more severe penalties, such as home detention or even prison.

The second issue is a mandatory disqualification. This is a minimum of six months for the first offence. By the third offence, you're looking at a minimum of one year. The problem is that this goes on the end of your current disqualification, which means you could be disqualified for a period of years in total.

How to Respond

The good news is there are ways to stop you from getting disqualified. While you cannot get a work licence on this charge, we can look at getting you community work rather than disqualification. This requires a lot of preparation and paperwork, but if you get in touch with me, we can discuss how to do it.

Additional Considerations

The third sanction is related to your vehicle. On a disqualified driving charge, there's actually a mandatory direction to the court to take your car away from you and sell it at the auctions. This is under section 129 of the Sentencing Act. There are ways of stopping your car from being mandatorily confiscated, but again, this requires preparation.

Reach Out for Help

In relation to disqualified driving, the best approach is to be prepared. Give me a call as soon as possible and try to have as many of the details about your previous convictions and the current charges as you can. This will enable me to provide the most effective assistance. You can Phone me on 021488367 or 0800 BUSTED (0800287833) or email me.