Driving whilst Disqualified

Driving whilst Disqualified - Road in the New Forest
Dinheshraj Dgoomany

Driving whilst disqualified only applies if you have already been banned by a court. Magistrates take it seriously and will consider prison particularly for repeated offences. If you don’t have a proper licence then a less serious offence of driving otherwise than in accordance with a licence is more likely.

If the police have accused you of driving whilst disqualified and you want to challenge the case against you, I may be able to help. Are you worried about a prison sentence for driving whilst disqualified? I can help with that too.

Things I Look Out For in a Driving whilst Disqualified Case

  • Is there any evidence that the accused was driving
  • Is there a disqualification in force\
  • Has the disqualification come to an end
  • Did the driver know about the disqualification (this may be a special reason to avoid further points or another ban)
  • Errors in procedure by the police
  • Errors in procedure by the prosecution
  • If the driver is pleading guilty is there any important mitigation that will reduce the sentence
  • Can the magistrates deal with the case without a further ban

Also Known As

  • Banned driving
  • Disqualified driving
  • Driving on a ban

Do Not Confuse With

Penalties for Driving whilst Disqualified

The maximum sentence for driving whilst disqualified is:

  • 6 months in prison
  • 6 penalty points or a disqualification from driving

Sentencing Guidelines

When a magistrates’ court sentences someone for driving whilst disqualified they use these guidelines.

Examples of nature of activity Starting point Range
Full period expired but retest not taken Low level community order Band C fine to medium level community order
6 points or disqualify for 3 – 6 months
Lengthy period of ban already served High level community order Medium level community order to 12 weeks custody
Lengthen disqualification for 6 – 12 months beyond expiry of current ban
Recently imposed ban 12 weeks custody High level community order to 26 weeks custody
Lengthen disqualification for 12 – 18 months beyond expiry of current ban

Read this post for more information about how sentencing guidelines work.

Crown Court or Magistrates’ Court?

Driving whilst disqualified trials and guilty pleas are always in the Magistrates’ Court. Appeals are in the Crown Court.

Find Out More

Unsure If You Need Legal Representation for Driving Whilst Disqualified?

Before you decide if you need a solicitor, call me or request a call back under no obligation.

 

Road in the New Forest by Dinheshraj Dgoomany / CC BY