Driving Whilst Disqualified 

If you are charged with this offence you will be concerned about going to prison. Imprisonment is a highly likely sentence unless you can establish strong mitigating circumstances.

We understand the anxiety you will be suffering and the worry you will have for you and your family at the thought of going to prison. Do not worry any longer discuss your case and concerns with one of our specialist disqualified driving solicitors who will be able to put your mind at ease. We are waiting to advise, help and support you.

What does the term “driving whilst disqualified” mean?

In the UK, “driving whilst disqualified” is classed as a serious criminal offence under the 1988 Road Traffic Act. It refers to a driver operating a vehicle either in a public place or road when a court has banned them from getting or holding a driving licence.

How do police check drivers are disqualified?

Police mainly employ Automatic Number Plate Recognition (ANPR) cameras on roadsides and in cars to scan vehicle registrations that connect with Driver and Vehicle Licensing Agency (DVLA) databases to identify vehicles linked with disqualified drivers. However, they also carry out routine stops on the road for valid licence checks and depend on public reports. All information gathered is cross-referenced with integrated police systems to find existing driving bans, resulting in driving while disqualified charges or potential arrests.

What happens if police catch motorists driving whilst disqualified?

If a motorist is caught driving whilst disqualified, they face an immediate arrest and booking, which includes their photo being taken and fingerprints and DNA collected to keep on file. As driving whilst disqualified is a serious offence, a court summons is likely, and they can face a range of potential penalties. These include community service, heavy fines and an extended driving ban. Under the most serious circumstances, a driver can even receive a sentence of up to six months in prison.

Factors that increase a sentence given for driving whilst disqualified

Many aggravating factors can increase the penalties and sentence a motorist caught driving whilst disqualified faces. These include if a driver has previous convictions or has committed an offence while they were on bail. Drivers operating a heavy goods vehicle (HGVs) for commercial purposes face heavier penalties as can those carrying passengers.

Other factors include being under the influence of drugs and alcohol while driving or causing an accident. Finally, if a driver is caught in charge of a vehicle whilst disqualified soon after a driving ban, disregarding a court ruling, it can increase the severity of the sentence. All these circumstances can add up to longer disqualifications and being taken into custody.


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The offence of driving whilst disqualified carries a maximum penalty of up to 6 months imprisonment and an unlimited fine.

The Court may disqualify but if not it must endorse 6 points.

However most offenders will face either a community order or custodial sentence depending on the circumstances

The offence of driving whilst disqualified is a strict liability offence so if you are disqualified and driving you will be guilty of the offence, however, not knowing you were disqualified will provide some strong mitigation.

You can check your driving record on the DVLA website if you think you have points or may be disqualified.

Link to DVLA website: https://www.gov.uk/view-driving-licence

It is not a defence because disqualified driving is an offence of strict liability but it may amount to special reasons which could avoid any significant penalty points/further disqualification.

This is a complicated area of law and it is difficult to establish. Discuss you case with one of disqualified driving specialists free of charge to see if special reasons applies to your case.

The defences available would be

  • You were not the driver
  • You were not disqualified

This will depend on the evidence the CPS have and may require witness statements to be taken in your defence. It often requires investigation into court records as sometimes the police records are inaccurate.

If you think you may have a defence, call one of our specialist disqualified driving solicitors who will discuss the evidence with you and advice on the strength of your defence free of charge.

Fighting a disqualified driving charge would mean you have to have a trial in the Magistrates court. This can be extremely daunting but our specialist disqualified driving solicitors 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

Yes it will.

Under the Criminal Justice and Courts Act 2015 from the the 13th April 2015 two new offences have been created:-

  • Causing Death by disqualified driving
  • Causing Serious Injury by disqualified driving
  • Causing Death by disqualified driving carries a maximum of 10 years imprisonment/unlimited fine
  • Causing Serious Injury by Disqualified driving carries a maximum of 4 years imprisonment/unlimited fine.

These are either way offences which can be tried in the Magistrates or the Crown court. The starting point on the sentencing guidelines is a custodial sentence.

If you are charged with causing death or serious injury whilst driving when disqualified you will be rightly worried.

Do not worry any longer discuss your case and concerns with one of our specialist disqualified driving solicitors who will be able to put your mind at ease. We are waiting to advise, help and support you.

There must be an element of causation if you are not to blame for the death you should be charged only with disqualified driving.

If charged with either of these offences you will be extremely anxious about the outcome.

Do not leave anything to chance call one of our expert solicitors who can advise you of your options.

If you instruct us you will get complete support from your specialist disqualified driving solicitor throughout every step of your case. We understand how daunting facing such a serious charge and will offer you not only expert legal advice but constant support and understanding.