Driving Whilst Disqualified Solicitors at Forbes Solicitors (2024)

Our motoring offence team have extensive experience in defending individuals who have been caught driving when serving a driving disqualification. There is little by way of valid defence to driving when disqualified however our experts will investigate the circ*mstances to build a strong case to get the best possible outcome and avoid imprisonment. Expert legal advice could be the difference between a prison sentence and a fine so speak to a specialist motoring offence lawyer today on 01772 220 022 or send us an email.

Driving whilst disqualified is a very serious criminal offence and could have severe consequences. If you have been disqualified from driving, and fail to adhere to the driving ban, you will be arrested and taken to the police station where you will be questioned and detained in a cell. The police will take fingerprints, a DNA test and you'll be searched and photographed.

After your Police interview, you may be released on Bail before your Court date. However, if you're considered to be dangerous, you will be detained and taken to the Court in a Police vehicle.

It is the responsibility of the police to prove two things; that you were in fact driving a vehicle and that at the time of driving the vehicle, you were serving a driving disqualification. Driving whilst disqualified is an 'absolute offence' which means there are few valid defences. If you can proof that you were not driving the vehicle whilst disqualified, you could avoid being prosecuted.

Penalties for driving whilst disqualfied

If you are found guilty of driving whilst disqualified, this could result in:

• A fine of up to £5,000;
• extension to existing ban;
• up to six penalty points on your driving licence;
• a community service order;
• a curfew being imposed;
• 12 months imprisonment.

The disqualification period will reflect the seriousness of the offence and could last for:

• 6 months if you get 12+ penalty points within 3 years
• 12 months if you receive a second disqualification within 3 years.
• 2 years, if you get a third disqualification within 3 years.

In some cases, you can make a plea for exceptional hardship.

If you are disqualified for 56+ days, you will have to apply for a new licence and take a discretionary or extended retest.

To speak to a specialist motoring offence lawyer today call 01772 220 022 or send us an email.