Driving Whilst Disqualified Offences

Driving whilst disqualified is when a person drives a car when disqualified by a Court, whether knowingly or unknowingly. Even if you were unaware that you were disqualified from driving, you would still be guilty if caught driving.

Disqualified from Driving

Even though some Courts in England and Wales can and do disqualify in a person's absence, it is no defence that the person didn't know about the ban. But, there may be mitigating circumstances, special reasons or conditions in which the case may successfully be thrown out of court.

What does the law say?

The law is very clear on driving whilst disqualified. It is a serious offence that cannot be taken lightly.

If it is your first offence, then usually you'll receive a community penalty. If you're a repeat offender then the punishment is expected to be more severe, with the likelihood of a custodial sentence increasing (with a length of up to 6 months maximum). Where the court sees fit, they may impose a penalty of up to £5000.

The penalty for driving whilst disqualified attracts 6 penalty points, but Magistrates' can use their discretion to disqualify you further.

If you have been caught driving whilst disqualified there are often gaps in the evidence gathered by the prosecution, which can result in cases being thrown out of court. Another option is to use your solicitor to present the mitigating circumstances, in order to try to reduce the penalty.

If you have driven a car whilst you've been disqualified and now you're on the receiving end of the law, you'll be worried about what happens to your licence, and what impact a ban will have on your future.

What we can do to help

In the cases where legal advice is sought, the likelihood of going to prison for driving whilst disqualified may be lessened. Your solicitor will try their utmost to defend you and your licence in circumstances where there may not be an outright case for your defence.

Knowing what options are best for you and having an idea of the outcome can put your mind at ease and give you a clear idea of what position you'll be in after the decision of the court. A solicitor can help to ensure that best possible outcome is achieved for you and early advice and police station representation can dramatically affect the outcome of your case.


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Julie Robertson - Motoring Offences and Criminal Defence Solicitor - Manchester

Julie Robertson
Partner, Head of Motoring & Criminal Defences

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