Personal

Driving whilst Disqualified

SOLVING PERSONAL LEGAL MATTERS

Our motoring offence team have extensive experience in defending individuals who have been caught driving when serving a driving disqualification. There is little by way of valid defence to driving when disqualified however our experts will investigate the circumstances to build a strong case to get the best possible outcome and avoid imprisonment. Expert legal advice could be the difference between a prison sentence and a fine so speak to a specialist motoring offence lawyer today on 01772 220 022 or send us an email.

Driving whilst disqualified is a very serious criminal offence and could have severe consequences. If you have been disqualified from driving, and fail to adhere to the driving ban, you will be arrested and taken to the police station where you will be questioned and detained in a cell. The police will take fingerprints, a DNA test and you'll be searched and photographed.

After your Police interview, you may be released on Bail before your Court date. However, if you're considered to be dangerous, you will be detained and taken to the Court in a Police vehicle.

It is the responsibility of the police to prove two things; that you were in fact driving a vehicle and that at the time of driving the vehicle, you were serving a driving disqualification. Driving whilst disqualified is an 'absolute offence' which means there are few valid defences. If you can proof that you were not driving the vehicle whilst disqualified, you could avoid being prosecuted.

Penalties for driving whilst disqualfied

If you are found guilty of driving whilst disqualified, this could result in:

A fine of up to £5,000;
extension to existing ban;
up to six penalty points on your driving licence;
a community service order;
a curfew being imposed;
12 months imprisonment.

The disqualification period will reflect the seriousness of the offence and could last for:

6 months if you get 12+ penalty points within 3 years
12 months if you receive a second disqualification within 3 years.
2 years, if you get a third disqualification within 3 years.

In some cases, you can make a plea for exceptional hardship.

If you are disqualified for 56+ days, you will have to apply for a new licence and take a discretionary or extended retest.

To speak to a specialist motoring offence lawyer today call 01772 220 022 or send us an email.

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FAQs

What happens if I am caught driving whilst disqualified?

If you're caught driving whilst on a driving ban, you will be arrested and taken to the Police station straight away. You will be detained before being interviewed by the Police. They will also take fingerprints, a DNA test and you'll be searched and photographed.

If you have been disqualified from driving, the ban takes immediate effect upon the Courts decision. You will have to reapply to the DVLA to get your licence back after your driving ban period.

If you have been caught driving whilst disqualified, speak to a motoring offence lawyer on 01772 220 022 for advice.

What is the penalty for driving whilst disqualified?

For driving whilst disqualified you may receive a prison sentence of up to 6 months imprisonment. For a lesser sentence you may receive a community service curfew order. A fine a fine of up to £5,000 will be imposed and a further disqualification dependent on the seriousness of the offence. You could also receive six penalty points on your licence.

Contact our motoring offence lawyers today on 01772 220 022 for more information.

Am I likely to get caught driving whilst disqualified?

There is a high chance you will get caught if you're driving whilst disqualified. Automatic Vehicle Registration Recognition Systems are fitted on numerous static sites eg motorways and are fitted on all Police vehicles. These cameras can identify whether a vehicle is taxed, MOT'd and to whom the vehicle is registered by simply scanning the registration. If any concerns are raised, the Police will be notified and will investigate.

For more information contact our motoring offence team on 01772 220 022 or complete an online enquiry form.

What defence is there for driving whilst disqualified?

There are limited defences for driving whilst disqualified, it is what's known as an 'absolute offence'. You can only avoid prosecution if you can prove that you were not the person driving the vehicle or you weren't disqualified.

For more information contact our motoring offence team on 01772 220 022 or complete an online enquiry form.

Can I operate heavy machinery at work whilst serving a driving disqualification/ban?

If you are disqualified from driving, you will be disqualified from driving any motor vehicle in any public place. If as part of your job, you regularly operate heavy machinery, the yard where you're operating heavy machinery must have no public access.

How long will a driving ban last?

The disqualification period will reflect the seriousness of the offence.

If you have 12+ points on your licence, your ban can last for:

6 months if you get 12+ penalty points within 3 years
12 months if you receive a second disqualification within 3 years.
2 years, if you get a third disqualification within 3 years.

In these cases, you can make a plea for exceptional hardship.

Contact our motoring offence lawyers today on 01772 220 022 for more information or alternatively send us an email or complete our online enquiry form.

Will I have to apply for a new licence following a driving disqualification?

You will only need to apply for a new driving licence if you've been disqualified for 56+ days. The Court will let you know if this is the case. You will also be required to take a discretionary or extended retest.

To speak to a motoring offence lawyer call 01772 220 022 or send us an email.