CAUSING SERIOUS INJURY BY DRIVING WHILST DISQUALIFIED.

If you have been charged with an offence of causing serious injury by driving whilst disqualified you will be understandably concerned as the offence carries a maximum 4 year penalty.


The offence is an either way offence which can be heard in either the Magistrates Court or the Crown Court carrying an unlimited fine  and/or 6 months custody in the magistrates court with a mandatory disqualification period of at least 12 months (unless special reasons are found not to disqualify) and endorsement.  In the Crown Court the penalty can be unlimited fine and/or 4 years custody.

What amounts to the offence of causing serious injury by driving whilst disqualified?

The Prosecution have to prove the following:-

  • You were driving a motor vehicle on a road
  • You were disqualified from driving at the time
  • You caused serious injury to another person

Serious physical injury is as defined in the Offences against the Person Act 1861 namely grievous bodily harm which is defined as really serious harm eg broken limbs, internal injuries requiring extensive surgery, loss of consciousness.

How can I prove I am not guilty?

The three  tests mentioned above must be satisfied for you to be convicted of the offence.

The prosecution will have witness evidence which will be disclosed to you and this may consist of expert evidence.  In order to to refute this evidence it will require close scrutiny and you would need to obtain your own witness evidence which may consist of expert evidence.

You must be able to demonstrate that

You were not the driver

OR

You were not disqualified from driving

AND/OR

Your driving did not cause the serious injury

AND/OR

The injury was not so serious as to fall within the definition.

This can be extremely daunting but our specialist team of lawyers can support you by

  • Reviewing the strength of the prosecution’s case against you
  • Finding the weaknesses in the prosecution case
  • Collating evidence in your defence
  • Attacking the prosecution case relentlessly on your behalf
  • Taking the pressure and anxiety off you
  • Being there to answer all your questions
  • Provide specialist representation in court

You will need to ensure that you get the best defence prepared well before your trial and in order to do this you will need to secure expert representation as early in the proceedings as possible.

Andrea  Clegg, our managing director and principal solicitor was a fatal road traffic specialist for the CPS for many years and can has extensive knowledge of the CPS/police procedure which many other specialist firms do not have.  Her knowledge and experience ensures that we are always one step ahead of the prosecution.

There are difficult decisions to be made during the progress of your case and you need to make sure that you have the best advice and support possible so that you make the right decisions for you. You will upset, confused and scared but you do not need to deal with this on your own.

Are the other offences which the CPS would consider instead?

A court can come back with an alternative offence of disqualified driving which carries a much lower penalty. If the prosecution can show that you caused the injury but were not disqualified then they may consider offences of driving without due care and attention, causing serious injury by dangerous driving if the evidence supports this. There is no offence of causing serious injury by driving without due care and attention, but this is likely to be introduced in 2018.

If you instruct  Auriga as early as possible we can try to influence the nature of the charge where it is appropriate to do so.

If you are already charged with the offence then you should seek legal advice prior to pleading as it may be possible to make representations to the prosecution regarding what pleas are acceptable to which offences.

How will Auriga help me with my offence?

  • We can help to alleviate all the worry and anxiety that facing an offence of causing serious injury by driving whilst disqualified can cause by giving free initial advice
  • We can support you even before you are charged by providing representation at a police interview
  • We will review the evidence against you meticulously and keep both the prosecution evidence and your defence evidence under constant review.
  • We will keep you informed every step of the way.
  • We will answer all of your questions and concerns.
  • We ensure that you get the best representation in court because we only used advocates we know and trust.
  • If you are pleading guilty we will ensure that you have evidence in support of your mitigation and expert  representation to secure the best result possible
  • We will listen and support you all the way without extra charge
  • We will agree a fixed fee so that you have peace of mind financially and we also have payment options to spread the financial burden.

What happens in court on an offence of dangerous driving?

An offence of causing serious injury by driving whilst disqualified is one which can be heard either in the Magistrates Court or the Crown Court.

Your first appearance would be at the Magistrates Court where you will be asked what your plea is if it is a guilty plea the court will decide whether their sentences powers are sufficient if they think your case is so serious they will send your case to the Crown Court.

If it is a Not Guilty plea they will decide whether your case can be heard in the Magistrates Court or the Crown Court.  Representations can be made on your behalf but the court will take the prosecution case at its highest and make their decision on the facts presented by the Crown Prosecution Service.  If it is serious it is likely that they will send your case to the Crown Court for trial.

If they decide that it is suitable to be dealt with by the Magistrates Court they will ask you where you want it to be heard.  You can either choose the Magistrates Court or elect the Crown Court for your trial to be heard.

Your case will then be adjourned for your trial either in the Magistrates or to a Plea and Trial management hearing in the Crown Court where it will then be set down for trial.

The procedure is complicated and there are difficult decisions for you to make. This is why you experienced motoring law specialists to help you through this process and ensure that you are making the decisions which are right for you.

How do I decide whether to plead guilty or not guilty?

Sometimes drivers know that they have caused serious injury and were disqualified at the time of driving.  Some may not realise they were disqualified or thought they were not disqualified when they were. Others feel they have not committed any offence at all.

You need to obtain advice from a solicitor who is an expert in serious motoring offence as early as possible in the  proceedings. Dealing with the Crown Prosecution Service can be extremely frustrating particularly when trying to get physical evidence such as CCTV.  We are persistent and ensure that every piece of evidence is examined. If necessary we get experts to analyse CCTV. We keep your case under constant review.  

We will go through any possible defence establishing what evidence we can use to corroborate your version of events.

After considering all of that we will be able to give you advice on your options and your chances of success if you were to go to trial

Call one of our specialist solicitors for free initial advice.


How much will it cost me?

Due to the complexity of causing serious injury by driving whilst disqualified cases and the high stakes we are unable to apply one of our standard  fixed fees. We will consider the evidence in your case and assess the requirements of representation and experts then will provide a fixed fee. We tend to stage our fees in accordance with the court procedure ie magistrates court hearing, the plea and trial management hearing at the Crown Court and the Crown Court trial.

These higher fees can be paid by instalments as long as the final instalment is paid 7 days prior to the hearing which the fee covers.

We offer highly competitive rates, if you wish to know how much your case will cost call one of our specialist solicitors who will discuss your case and the fees free of charge.

Can I apply for a reduction in disqualification after 2 years?

In some circumstances you can apply for the removal of a disqualification ie if the disqualification is for 4 years then after 2 years otherwise after half of the disqualification period if between 4 and 10 years or after 5 years for periods beyond 10 years.

Not Sure what to do next?

If you are charged with the offence of dangerous driving you will be devastated and also fearful for the impact any penalty imposed would have on your family and work.  You do not need to go through this alone we can support you every step of the way. Explaining the evidence in terms you can understand and helping you understand the procedure you will go through in court.  

One of our legal team will be more than happy to discuss  your options and your concerns FREE OF CHARGE.

Between us we will reach the right option for you.  

We will not charge you a penny until you instruct us to act for you and offer an instalment payment plan to make it easier for you financially.

We are confident that we can offer you the best advice and support but you do not have to take our word for it see what our clients think of us

By all means browse our website, check out our services and fees you will find we offer our services at highly  competitive rates. You do not have to pay extra for attention and support we give that naturally because we care about you and understand what a traumatic experience being charged with an offence is.