Driving whilst disqualified is a serious offence which can lead to a fine of up to £5000 and/or a prison sentence. There is also an obligatory endorsement of 6 penalty points. If you’ve been caught driving a motor vehicle whilst disqualified, it is vital that you promptly seek legal advice from motor law specialists. Expert legal advice might be the difference between a prison sentence and a fine so act soon and speak to one of our specialist solicitors today. We have extensive experience in defending individuals who have been caught driving whilst disqualified.
Our team will carefully evaluate the circumstances surrounding the offence in order to establish the strongest possible defence that could mitigate the penalties imposed by the court. We will offer expert advice and prepare a strong plea of mitigation to greatly increase the chances of keeping the sentence on the lower end of the scale. The penalty you face for driving whilst disqualified will ultimately depend on the individual circumstances; our solicitors can identify a number of evidential defects, which have previously resulted in cases being thrown out of court.
As solicitors specialising in driving whilst disqualified offences, we can offer you peace of mind at a time when you face uncertainty and concerns for what lies ahead. With expert legal advice via email for as little as £25, can you really afford not to get in touch? Acting now will save you time, stress and possibly even a prison sentence, later down the line. Speak to one of our solicitors today for a quick consultation starting from just £25.
Courts categorise driving while disqualified as an “absolute offence”. This means that unless you can prove that you were not disqualified or were not driving, it’s tricky to mount a strong defence. However there are certain circumstances which can lead to more lenient sentences being handed down, when the evidence is closely inspected.
For example, if you are a first time offender and you enter a guilty plea at the earliest opportunity, you are likely to be given a more lenient sentence than if you are a repeat offender and maintain you are not guilty. In addition, if you can prove that you were unaware of the disqualification, the prosecution could be dropped, although this is rare. A solicitor who specialises in motor law will be able to advise you on the best possible approach considering your unique circumstances.
In the worst case scenario, courts may impose sentences of up to 6 months in prison and have the power to extend periods of disqualification from 12 to 18 months; fines of up to £5,000 may also apply. However, in some first offence cases the court may show some leniency and look to impose one or more of the following:
In cases when a driver has received a previous conviction for driving while banned a custodial sentence is much more likely. However, the severity of punishment will depend on a number of factors inherent in the case together with the individual personal circumstances of the defendant.
In such proceedings successful mitigation will depend on the arguments presented by the defendant’s motoring defence solicitor – Good representation in this case is key to a positive outcome!
Yes, don’t take the chance! The likelihood of being caught is high, due to the array of modern equipment available to the police. The most powerful tool the police have is the Automatic Vehicle Registration Recognition system fitted to the most police cars. These are also installed on numerous static sites throughout the country.
In simple terms, a camera fitted to a police car scans the registration number of any vehicle in its field and then, via the DVLA database, establishes whether that car is taxed, insured, MOT’d and to whom it is registered. If there is any concern as to the legality of the vehicle, a message is automatically sent to the Police who will then stop the vehicle.
Consequently, it does not matter how carefully you drive, the Police will still stop the vehicle so the prospects of getting away with driving whilst disqualified are too low to justify the risk.
If you take on board the consequences by way of the penalties available to the Court, it soon becomes clear that there is no point taking the chance.
Driving whilst disqualified is an arrestable offence so don’t just expect a stern ticking off at the side of the road. Offenders will be arrested immediately and then processed via the police system which can be an alarming experience. You will be taken to the police station in handcuffs, finger printed, DNA tested, searched, photographed and then held in a cell prior to a taped interview being undertaken.
If you are fortunate, you will then be bailed to attend court. However if the custody sergeant decides that there is a risk of you committing any further offence, he can refuse bail and you can be held at the Police station until the prison van arrives to take you to Court along with other prisoners who have committed “real” crimes.
If found guilty, the court guidelines are that there should be at least a further disqualification and a fine for driving whilst banned. In exceptional circumstances, a further ban can be avoided but there will be a fine and 6 points.
Yes. The court will regard the matter as a very serious offence, but with the correct preparation and representation, there are various ways to persuade the court to adopt a more sympathetic approach. Each case is unique but if you are intending to convince the Court that leniency should be applied, you should seek to obtain legal advice as soon as you can. This is because the nature of the offence means that you may only have a few days notice before the hearing.
One of the challenges you’ll face is that it is very difficult to convince a judge that the offence was commited by mistake. Accordingly, the court may proceed on the basis that anyone who drives whilst disqualified has chosen that option, and was fully aware of the consequences.
Ultimately, seeking legal advice at the earliest opportunity is your best chance of reducing the penalty.
If you can prove it, yes, however this is very rare. If you have been disqualified following a court process that you did not attend it is unlikely that this will amount to a full defence. Whilst it will depend upon the exact circumstances, you do have an obligation to ensure that your licence is valid. If the disqualification arose without your knowledge, this may amount to special reasons which can significantly reduce the punishment even if it does not lead to dismissal of the allegation. It makes sense to obtain expert advice so the best approach can be taken.