Driver's perspective of a winding rural road with a blue car ahead.

Driving Whilst Disqualified

Driving whilst disqualified is a criminal offence taken very seriously by the Courts, as it involves breaching a Court order. These cases are typically dealt with in the Magistrates' Court.

What Must the Prosecution Prove?

To secure a conviction for driving whilst disqualified, the prosecution must demonstrate:

You drove a vehicle.
The driving occurred on a road or public place.
At the time of driving, you were disqualified from holding or obtaining a driving licence.

What Are Possible Defences to Driving Whilst Disqualified?

Defences for this offence are limited but may include:

Mistaken identity: You were not the person driving the vehicle.
Not on a road or public place: The alleged driving did not take place in an area covered by road traffic laws.
No disqualification: You were not under a valid disqualification at the time.
Due to the nature of the offence, most cases result in a guilty plea.

Sentencing Guidelines

The Courts view driving whilst disqualified as a serious offence, with the starting point for sentencing depending on the circumstances:

Recent disqualification: The starting point is 12 weeks’ custody for a first-time offender who pleads not guilty.
Prolonged disqualification served: A high-level community order is the starting point, but imprisonment remains within the sentencing range.
Repeat offences: Prior convictions for this offence significantly increase the severity of sentencing.

What Are the Penalties for Driving Whilst Disqualified?

If convicted, the penalties may include:

Custodial sentences: Especially for recent disqualifications or repeat offenders.
Community orders: High-level community penalties for less severe cases.
Extended disqualification: A further period of disqualification is likely. If not imposed, the Court must endorse the licence with 6 penalty points.

Plea in Mitigation

A well-argued plea in mitigation can make a significant difference in sentencing, potentially reducing a custodial sentence to a community order or fine. Credit is also given for an early guilty plea, which may further reduce the sentence.

How Can DJMS Solicitors Help?

Our experienced criminal defence solicitors specialise in road traffic offences, including driving whilst disqualified cases. We can provide expert advice, build a strong defence where possible, and prepare a persuasive plea in mitigation to achieve the best possible outcome for your case.

If you or a loved one are facing a motor-related criminal charge, contact us for prompt, confidential expert legal advice and representation. We can guide you through the process, protect your rights, and work towards the best possible outcome. Our team has represented a wide range of private and professional motorists, including taxi and HGV drivers.

DJMS’ expert motor offence lawyers can represent you at the police station interview, even if you attend voluntarily. We can also advise on whether Legal Aid may be available to defend your case.