By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
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- Any person who drives after being denied an Australian licence at the application stage will commit an offence.
- Any person who drives without ever holding an Australian licence or after having been disqualified from holding an Australian licence will commit an offence.
- Any person who drives after being suspended will commit an offence.
- Any person who drives after being handed down a licence suspension order due to an accumulation of fines or other less serious penalties will be guilty of an offence.
Driving whilst unauthorised
The simple offence of driving whilst unauthorised to do so (driving whilst unlicensed) carries a penalty of $300 for a first time offender and $600 for any second or subsequent offences.Driving whilst suspended due to an accumulation of fines
For any first time offenders whose licence has been suspended due to any provision under the Fines, Penalties and Infringement Notices Enforcement Act 1994, a fine of between $200 and $1,500 may be handed down as well as a term of imprisonment of up to 12 months. The court also has the power to disqualify the alleged offender from obtaining an Australian licence for a period of up to 3 years.Driving whilst denied, disqualified or having never held a valid licence
For a first time offence, the court may hand down a punishment of between $400 and $2,000 and a term of imprisonment of up to 12 months. For any second or subsequent offences, the court may impose a fine of between $1,000 and $4,000 and a term of imprisonment of up to 18 months. Further, the court has the power to disqualify the alleged offender from obtaining an Australian licence for a period of between 9 months and 3 years depending on the severity of the offence.Under section 49 of the Act, there are certain defences that are available to an offender that may assist in obtaining a penalty that is less severe. For example, it is a defence under the Act that the alleged offender held a restricted licence as per the provisions of the Road Traffic (Authorisation to Drive) Act 2008. This defence also applies if the alleged offender was driving under a necessity permit. It is also a defence under the Act if the alleged offender did not know that their licence was under suspension or disqualification. However, this defence is only available in limited circumstances and carries a heavy burden of proof before the courts will accept it as a valid defence.Free legal hotline — live now
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Frequently Asked Questions
What are the different categories of driving whilst suspended offences in Western Australia?
Western Australian traffic law creates four main categories of driving whilst suspended offences. These include driving after being denied an Australian licence at application, driving without ever holding an Australian licence or after disqualification, driving after suspension, and driving after receiving a licence suspension order due to accumulated fines or penalties. Each category carries different penalties depending on the specific circumstances and severity of the offence under the Road Traffic Act 1974.
Can you be charged for allowing someone else to drive whilst suspended in WA?
Yes, under Western Australian traffic law you can be charged for employing or permitting someone else to drive whilst suspended. The Road Traffic Act 1974 specifically makes it an offence for any person to employ or permit another person to drive a motor vehicle on WA roads without proper authorisation. This means employers, vehicle owners, or anyone who knowingly allows an unauthorised person to drive can face criminal charges and penalties.
How much does legal representation cost for driving whilst suspended charges in WA?
Legal representation costs vary depending on case complexity and court appearances required for driving whilst suspended charges. Go To Court Lawyers offers an initial fixed-fee consultation for $295, where experienced traffic lawyers will assess your case, explain potential penalties, and outline defence strategies. This consultation helps you understand your options before committing to full representation. Additional costs depend on whether your matter proceeds to court and the level of legal work required.
How can a traffic lawyer help with driving whilst suspended charges in Western Australia?
A traffic lawyer can review the circumstances of your suspension, challenge procedural errors, and identify potential defences such as necessity or duress. They can negotiate with prosecutors for reduced charges, prepare compelling submissions for penalty mitigation, and represent you in court proceedings. Experienced lawyers understand WA traffic law complexities and can often achieve better outcomes than self-representation, potentially avoiding imprisonment, reducing fines, or minimising additional disqualification periods through strategic legal arguments.
Are there time limits for responding to driving whilst suspended charges in WA?
Yes, strict time limits apply when charged with driving whilst suspended in Western Australia. You typically have 28 days from receiving a court summons to enter a plea or the matter may proceed in your absence. If considering challenging the original suspension or appealing penalties, even shorter timeframes may apply. Early legal advice is crucial as delays can limit your defence options and result in additional penalties or warrants being issued for non-appearance.