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Driving Whilst Disqualified Solicitors

Driving whilst disqualified is a serious criminal offence that can attract heavy penalties, including points on your license, fines, and terms of imprisonment.

It is essential for anyone who is facing an allegation of driving whilst disqualified to seek out specialist legal advice at the earliest opportunity. This could prove to be the deciding factor when it comes to avoiding conviction or receiving reduced penalties.

At Nelson Guest & Partners, our road traffic offence solicitors can work alongside you to provide immediate representation, helping to build a robust defence against the allegations you are facing.

Even seemingly lesser punishments for driving whilst disqualified, such as points on your license, can still have a major impact on your life, highlighting the importance of receiving prompt legal support from our expert team.

Get in touch with our road traffic lawyers

Our road traffic lawyers can provide legal advice in relation to allegations of driving whilst disqualified, ensuring that you stand the best possible chance of avoiding charges, or receiving reduced penalties where conviction is unavoidable. If you have been accused of driving whilst disqualified, we can offer the representation and guidance required.

Call 020 8309 5010 | Ask us a Question | Email us

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What happens if I drive while disqualified?

If have been disqualified from driving and you are caught behind the wheel by the police, you will likely be arrested and taken to a police station. There, you will be held in custody until an interview takes place.

Following an interview, where you will have the opportunity of receiving legal representation, you will either be released or handed a court summons to attend a hearing at a later date.

Is driving whilst disqualified strict liability?

Yes, driving whilst disqualified is a strict liability offence (also known as absolute liability). This means that the defence against allegations of driving whilst disqualified are often limited.

What is the defence for driving while disqualified?

The potential defences that could be used to dispute allegations of driving whilst disqualified include:

  • You were not the driver of the vehicle at the time of an arrest
  • You had a genuine reason to believe you were not subject you a driving ban
  • You had no other choice but to drive (for instance, due to a medical emergency)

Solid evidence, and the intervention of an expert motoring offence will be required to support any of these defences if they are suitable.

Does being disqualified from driving invalidate insurance?

In most cases, being disqualified from driving will invalidate insurance for all drivers who are named on a policy. It is possible to insure a car while you are disqualified, but this will only be for a car which is parked on a public road.

By extension, this means that if you are driving whilst disqualified, you are also likely to be driving without insurance, which is a separate offence.

Do I have to declare disqualification to insurance?

Yes, in every instance you will need to declare a driving disqualification to your insurance provider.

Can I be imprisoned for driving whilst disqualified?

Yes, potentially. That said, driving whilst disqualified sentencing guidelines are wide-ranging, which means the sentence you could potentially receive can vary depending on a number of factors.

The maximum penalty you could receive for driving whilst disqualified is 26 weeks’ custody. Meanwhile, the minimum penalty you could receive would be a Band C fine (125-175% of relevant weekly income).

The sentence that is handed out for driving whilst disqualified is largely determined by two factors: culpability and harm.

Culpability is separated into ‘higher culpability’ and ‘lower culpability’.

Factors which indicate higher culpability include:

  • Driving very shortly after being disqualified
  • Obtaining a vehicle during a disqualification period
  • Driving whilst disqualified with the intention of obtaining a reward

Harm is also separated into two categories, ‘greater harm’ and ‘lesser harm’,

Greater harm is caused where a significant distance is driven, and there is evidence associated with bad driving. Lesser harm is indicated in all other cases.

More information on the relevant driving whilst disqualified sentencing guidelines can be found on Sentencing Council.

What could increase the sentence for driving whilst disqualified?

There are a number of aggravating factors which could increase the severity of the sentence for driving whilst disqualified. These include:

  • Previous convictions having regard to the nature of the offence
  • Offence committed whilst on bail
  • Failing to comply with court orders
  • Offence committee on licence
  • Carrying passengers
  • Providing false details

Conversely, there are also mitigating factors which could reduce the seriousness of a charge:

  • No relevant or recent convictions
  • Good character and/or exemplary conduct
  • Clear remorse
  • Age and lack of maturity
  • Genuine emergencies
  • Serious medical condition requiring urgent, intensive or long-term treatment
  • Sole or primary carer for dependent relatives

How our road traffic offence solicitors can help

Defending allegations of driving whilst disqualified

As discussed above, the potential consequences for driving whilst disqualified can be very serious, even leading to imprisonment in some cases. This, coupled with the fact that defences against allegations of driving whilst disqualified can be limited, means that the need for tailored legal advice and representation is essential.

When instructed, our driving offence solicitors can work alongside you to provide robust representation from the outset of your case. From supporting you at the police station right the way through to any court proceedings that take place, we will seek to build the strongest possible defence for your circumstances.

Depending on the strength of the case against you, and the exact allegations you are facing, we will seek to have the charges dropped altogether or, where this is not possible, have the sentence you are facing significantly reduced.

Where a conviction cannot be avoided, we will make sure that any sentence handed out accurately accounts for the potential impact on your life.

Additional driving offences committed whilst disqualified

When arrested for driving whilst banned, there is also a chance that you will stand accused of committing additional criminal offences, such as driving without insurance, or careless or dangerous driving.

The sentence you receive will be more serious where the police are able to charge you for additional offences.

Our team will therefore carefully assess the details of your case and the offences you are accused of committing. From here, we can confirm what the best possible outcome for your case is likely to be and what steps need to be taken in order to achieve it.

Get in touch with our road traffic lawyers

Call 020 8309 5010 | Ask us a Question | Email us

Our road traffic lawyers can provide legal advice in relation to allegations of driving whilst disqualified, ensuring that you stand the best possible chance of avoiding charges, or receiving reduced penalties where conviction is unavoidable. If you have been accused of driving whilst disqualified, we can offer the representation and guidance required.