For many serious traffic offences, a court can impose a period of imprisonment as well as a disqualify your licence.  Common offences like Mid-Range PCA carry a maximum penalty of nine months imprisonment.  However full-time jail is normally only received by repeat offenders or for the most serious offenders.

However, what happens when a person is sentence to jail and also disqualified from driving? Does the disqualification run at the same time the person is in jail?

In NSW the law provides that any period of licence disqualification is extended by the period of imprisonment served.  In other words, if an offender received a twelve month disqualification and a twelve month period of imprisonment, the disqualification is extended by 12 months.  The offender would serve a twelve month disqualification once they are released from custody.  See Section 206A Road Transport Act 2013.

Discretion not to Extend

However, the court does have a power to vary that period or not order that the disqualification be extended.  For practitioners appearing in matters where there is a real possibility of their client being sentenced to jail, remembering to address the magistrate or judge on the discretion not to extend the period of disqualification can be an important matter and make a significant difference when the client is finally released from jail.

Photo by Rattanakun