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Driving Whilst Disqualified

This offence is committed where a person drives a vehicle during the period of disqualification imposed on him by a Court.

In view of the serious sentences the Courts have at their disposal, we strongly recommend that anyone charged with driving whilst disqualified should contact us straight away to obtain legal advice. A conviction for this offence can result in a prison sentence.

Driving whilst disqualified is a strict liability offence. This means that there are no defences, unless you can prove that you were not in fact subject to a disqualification or that it was not you who was the driver of the vehicle.

If you are charged with driving whilst disqualified it is important to obtain advice from a motoring lawyer. We are able to identify evidential issues that may provide you with a defence and the case may be thrown out of court. If this is not possible, we can employ our efforts to ensure that the sentence you receive is mitigated and lenient.

Whilst it is possible to receive six penalty points for this offence, it is more likely for a Court to sentence disqualified drivers to a longer period of disqualification. A prison sentence can be imposed and this is reserved for the most serious cases. The Court can also consider Community Orders and Financial Penalties.

Police Interview Stage for Driving whilst Disqualified

You are entitled to legal representation and advice for the interview at the police interview stage and expert representation can be crucial to the prospects of successfully defending an allegation of driving whilst disqualified.

Do not make the mistake of going into a Police interview without representation for such serious matters. The Police will often say the purpose is simply to take a statement or ‘we need to ask you a few questions’ but what they often mean is that you will be under caution, and you will be interviewed. What you say, or do not say, can potentially be used to prosecute you. Mistakes made at the Police Station can potentially cause problems later on as the proceedings commence. It is therefore imperative that you seek immediate expert advice.

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If you are being prosecuted for driving whilst banned, we would recommend securing the services of a Specialist Motoring lawyer. Even if the evidence against you appears to be strong, a conviction for the above offences does not have to result in a custodial sentence if your case is thoroughly prepared and presented at Court in the correct way by a team of experts in the field.

Call us now for a free consultation on 0800 6441544 and we will advise you on the law and whether you require representation. Alternatively, complete the Contact us form and we will call you at a time convenient for you.

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