The rising road toll and community outrage about people driving whilst disqualified has had an impact upon the sentences which the Courts are imposing for this offence. The Courts are now handing down terms of imprisonment for defendants who appear before the Courts for driving whilst disqualified, even for first offenders.

It should also be noted that the Courts do not differentiate between a disqualification ordered by the Court, for example, a drink driving or other traffic offence, and a disqualification ordered by the Registrar of Motor Vehicles. For example, under the points demerit system or as a result of non-payment of fines.

A person who is found guilty of driving a motor vehicle whilst disqualified from holding or obtaining a driver’s licence or while a person’s licence is suspended, is liable for imprisonment for up to 6 months for a first offence and for a subsequent offence, for 2 years (Motor Vehicle Act, 1959, Section 91).

The Supreme Court has emphasised that the ordinary punishment for driving whilst disqualified must be imprisonment. The Courts retain discretion to suspend the sentence but only in special circumstances.

The Courts need to be made aware of the reason why the offending has occurred and whether there were any exceptional circumstances behind the offending. In addition, the Court will need to be made aware of the previous good character of the offender, the ramifications that a term of imprisonment would have on the offender and the likelihood of the offender responding to a final warning from the Court. All these factors and more, need to be taken into consideration by the Court as to why a person should not be imprisoned, especially for a first offender.

It is therefore important if you are disqualified for holding or obtaining a driver’s licence that you think first before getting into the driver’s seat of a motor vehicle and putting that motor vehicle in motion as the penalties associated by being caught driving whilst disqualified can result in you spending a period of time in prison.