If the Judge disqualifies you

17.1Commencement and surrender

Disqualification commences on the making of the order. The licence is surrendered to the court registry, which notifies Transport for NSW; the offender's record is updated to show the disqualification and the licence is cancelled for its duration [review: the current administrative process and whether reissue at expiry is automatic or on application].

17.2The immediate advice

The practitioner tells the client, before the day, that if a conviction is recorded they will not be driving home, and arranges the transport. On the day, the practitioner confirms the period, confirms the end date, and walks the client to the registry. Clients in shock make bad decisions in car parks.

17.3Driving while disqualified

Section 54 of the Road Transport Act [review] creates the offence, with a maximum that includes imprisonment and a further disqualification that is mandatory and long. The courts treat the offence as contempt of a court order and the sentencing statistics show a substantial proportion of custodial outcomes even for first offenders [review: JIRS statistics]. The advice is unconditional and is given in writing.

17.4Appeal

If the outcome is a conviction where s 10 was realistically open, or a disqualification above the minimum where the disproportion evidence was strong, an appeal to the District Court under the Crimes (Appeal and Review) Act 2001 may be warranted. The 28-day limit runs from the date of sentence. The disqualification is not stayed by the filing of an appeal unless the court orders a stay [review: s 63 of the Crimes (Appeal and Review) Act and the practice on stays of disqualification], so the appeal decision is made quickly and the stay application is made with it.