Driving whilst disqualified

Have you been caught driving while you were disqualified? This is a serious criminal offence with severe consequences, with fines of up to £5,000 or a prison sentence of up to 12 months. Speak to our motoring-offence specialists now to give yourself the best possible defence.

Caught driving while disqualified, what now?

Driving while disqualified is a serious criminal offence with fines of up to £5000, a criminal record or even a 12-month prison sentence.

Our specialist motoring offence lawyers act fast to minimise the damage. The right representation may be able to turn a potential prison sentence into a reduced penalty or even an acquittal.

We’ll carefully examine your case, challenge the evidence and fight for the best possible outcome.

Call our motoring offence team now on 01772 220 022 or email us. The sooner you act, the stronger your defence.

Penalties for driving whilst disqualified

Penalties for driving whilst disqualified

It’s a criminal offence to drive a vehicle while you were banned. Penalties could include:

  • A fine of up to £5,000

  • Extending an existing ban

  • Up to six penalty points on your driving licence

  • A community service order

  • A curfew

  • 12 months imprisonment

The disqualification period is based on 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 more than 56 days, you will have to apply for a new license and take a discretionary or extended retest.

Driving whilst disqualified is one of the most heavily punished motoring offences. Getting legal advice early on can make the difference between an extended ban and a more manageable outcome. In some cases, even the most serious penalties can be avoided.

Our specialist motoring offence solicitors build the strongest possible defence on your behalf.

Driving whilst disqualified 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.

What happens after a Police interview for driving while disqualified?

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 prove that you were not driving the vehicle whilst disqualified, you could avoid being prosecuted.

Our dedicated Motoring Offences team

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Partner and Head of Magistrates Court/Police Station (Blackburn), Crime

Gareth Price

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Partner, Crime

Simon Gretton

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Partner, Crime

David Scully

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