Driving Whilst Disqualified

Driving Whilst Disqualified Offence

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 solicitors who will be able to put your mind at ease. We are waiting to advise, help and support you.

What are the penalties for disqualified driving?

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

I did not know I was disqualified is that a defence?

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 was an emergency so I had not choice but to drive is that a defence?

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 expert solicitors free of charge to see if special reasons applies to your case.

What defences are there to disqualified driving?

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 solicitors who will discuss the evidence with you and advice on the strength of your defence free of charge.

What can Auriga Advocates do for me?

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 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

Some one was killed/injured in the accident I was in when I was driving whilst disqualified does that make the sentence worse?

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 solicitors who will be able to put your mind at ease. We are waiting to advise, help and support you.

Although I was driving whilst disqualified I didn't cause the death will that be taken into account?
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 expert 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.

Not Sure what to do next?

If you are charged with the offence of disqualified driving or causing death by disqualified driving, you will be devastated by the incident and also fearful of the impact that 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

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AURIGA ADVOCATES

were fantastic. From the first telephone conversation where I enquired about the services and cost involved everything was totally clear. Both Andrea and Lloyd who I dealt with were professional but warm, reassuring and were always available to answer any concerns or questions I had. Right up until the day I entered court they were there for me. My barrister who represented me in court, Lisa, was again also fantastic.
Right down to value for money (and I did look around) I really cannot fault the service I got from Auriga Advocates.

Auriga Advocates

keep; you well informed with your current status and give you the confidence to appeal for a better outcome toward your case. I would recommend them to anyone needing help and reassurance to what sometimes can seem a time of hopelessness and despair

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