Driving whilst disqualified is a serious motoring offence. If you have been banned from driving by a court but are caught behind the wheel before that disqualification has ended, you can face further prosecution and potentially a much more severe penalty.
If you are in this position, it is important not to assume that the matter will simply result in another fine or an extension of your existing ban. Driving whilst disqualified can result in imprisonment, and the way you deal with the allegation from the outset can have a significant impact on the outcome.
What Is Driving Whilst Disqualified?
The offence is committed when someone drives on a road while they are disqualified from holding or obtaining a driving licence. A disqualification may have been imposed for a previous motoring offence, through the totting up procedure, or following another criminal conviction.
It does not matter whether you believed you were capable of driving safely or whether you only drove for a short distance. The important issue will generally be whether you were driving while a valid disqualification was in force.
The circumstances surrounding the driving can, however, become important when the court considers how serious the offence was and what sentence should be imposed.
What Happens if the Police Catch You?
If the police suspect that you are driving whilst disqualified, you may be stopped and arrested. Checks can be carried out to confirm your identity and driving status, and you may be interviewed about the circumstances.
You could then be charged and required to appear before the magistrates’ court. Depending on the circumstances, other offences may also be investigated, particularly if you were driving without valid insurance.
If you are interviewed by the police, you are entitled to legal advice. What you say during an interview can become part of the evidence against you, so it is important to speak to a solicitor before answering questions about the allegation.
What Are the Penalties?
Driving whilst disqualified can result in a fine, a community order, or imprisonment in more serious cases. A conviction can also result in six penalty points and a further period of driving disqualification.
The sentence will depend on the circumstances of the offence and your previous driving record. Factors such as deliberately ignoring a recent court order, driving shortly after being banned, committing other offences at the same time, or having previous convictions may make the offence more serious.
The reason you were driving may also be relevant. While having a particular reason for getting behind the wheel does not necessarily provide a defence, the circumstances can sometimes be important when mitigation is presented to the court.
What if You Did Not Know You Were Disqualified?
Occasionally, a person may discover that they have been disqualified without realising it, perhaps because court proceedings took place in their absence or correspondence was sent to an old address.
This can be particularly concerning if the first time you become aware of the ban is when you are stopped by the police.
The precise circumstances will need to be examined carefully. Not knowing that you had been disqualified does not generally provide a defence to driving whilst disqualified. However, the circumstances in which the disqualification was imposed may still need to be considered, particularly where proceedings took place in your absence. Legal advice should therefore be obtained immediately so that the history of the case, how the disqualification arose, and whether there are any options available to you can be considered.
Can You Go to Prison?
Yes. Driving whilst disqualified is an offence for which imprisonment is available. This does not mean that every person convicted will receive a custodial sentence, but the risk becomes greater where there are aggravating circumstances or a history of similar offending.
The court will consider the seriousness of the particular incident as well as your previous convictions and personal circumstances before deciding on the appropriate sentence.
Where the offence is admitted, effective mitigation can be particularly important. The court should be given a complete picture of why the driving occurred, your personal circumstances, and any other factors relevant to sentence. Proper preparation can be especially important where custody is a realistic possibility.
Will You Be Banned From Driving Again?
A further driving disqualification can be imposed following a conviction for driving whilst disqualified. This means that even if your existing ban is close to ending, you may find yourself unable to drive legally for a further period.
This can have wider consequences if you depend on driving for employment, caring responsibilities, or other important commitments. The potential effect of a further ban should therefore be considered carefully when preparing your case.
Why Legal Advice Matters
If you have been accused of driving whilst disqualified, obtaining legal advice at an early stage is important. A solicitor can establish whether a valid disqualification was in force, review the prosecution evidence, advise you on your plea, and present mitigation where appropriate.
They can also examine the circumstances surrounding the original disqualification, particularly if you were unaware that a ban had been imposed.
Where you are at risk of imprisonment or a further lengthy driving ban, experienced representation can make a significant difference to how your case is prepared and presented before the court.
How Can We Help?
We have over 30 years’ experience of criminal defence work. By staying on top of changes in legislation and case law, we can give our clients the best possible advice. If you would like to discuss any aspect of your case, please contact Tarsem Salhan on 0121 605 6000 or at tsalhan@salhan.co.uk.