Driving whilst disqualified is treated seriously by the courts because it is viewed as a direct breach of a court order. The offence is committed where a person drives a motor vehicle on a road or other public place while subject to a court-imposed driving disqualification. Even the lowest sentencing category involves a community order, which may include unpaid work or a curfew. In more serious cases, there is a real risk of an immediate custodial sentence.
Our motoring team has assisted hundreds of drivers facing allegations of driving whilst disqualified or driving whilst banned. We advise whether any viable defence arises on the evidence, or whether the best course is to accept the offence at an early stage and focus on achieving the lowest possible sentence. Where proceedings are underway, we obtain the prosecution papers well in advance so you are fully prepared and know what to expect. Many cases begin with a police station interview following arrest or voluntary attendance, and we regularly represent clients at interview and advise on whether to answer questions, provide a prepared statement, or make no comment. We always aim to place you in the strongest possible position to protect your liberty and minimise the impact of any further penalties.
Contact our motoring team for expert advice at [email protected] or by phone on 0333 240 7373, or via our online contact form.
Driving Whilst Disqualified – Defences and Sentencing
It is important to understand that it is not a defence to say you did not know you were disqualified. Once a court has imposed a disqualification, the prosecution do not need to prove that you were aware of it. This commonly arises where a ban has been imposed in a person’s absence, for example following a totting-up case or Single Justice Procedure matter, and the individual says they did not receive paperwork or were unaware of the hearing. Even in those circumstances, lack of knowledge of the ban does not, by itself, provide a defence to driving whilst disqualified.
However, depending on the facts, the following issues may still arise:
Identity of the driver
The prosecution must prove that you were the person driving the vehicle.
Some allegations are based on CCTV, ANPR images, or officer observations that are unclear or disputed. It is important to carefully assess the strength of the identification evidence before deciding the best course of action.
Not driving on a road or other public place
The offence requires proof that the driving took place on a road or other public place.
Driving solely on genuinely private land that is not accessible to the public may fall outside the scope of the offence.
Whether a disqualification was lawfully imposed and in force
In some cases, issues arise around the status or timing of a disqualification, including uncertainty about start dates, duration, or the terms of the order. These are matters that can be examined and challenged by careful examination of court records and case history.
When sentencing an offender for driving whilst disqualified, the court first assesses the seriousness of the offence by reference to culpability and harm. This places the offence into one of three guideline categories, each with a starting point and sentencing range.
Category 3 – Lower culpability and lesser harm
This applies where there are no significant aggravating factors relating to either culpability or harm.
The starting point is a low-level community order, with a range from a Band C fine up to a medium-level community order.
The court will normally impose a further disqualification of 3 to 6 months, or endorse the licence with 6 penalty points.
Category 2 – Higher culpability with lesser harm, or lower culpability with greater harm
This covers cases where at least one aggravating feature is present, such as driving shortly after a ban was imposed or evidence of bad driving.
The starting point is a high-level community order, with a range from a medium-level community order up to 12 weeks’ custody.
Further disqualification is usually 6 to 12 months.
Category 1 – Higher culpability and greater harm
This applies where multiple aggravating factors are present, indicating both high culpability and significant harm. Examples include obtaining or using a vehicle after being disqualified, driving a significant distance, or particularly poor driving.
The starting point is 12 weeks’ custody, with a range from a high-level community order up to 26 weeks’ custody.
Further disqualification is usually 12 to 18 months.
In every case, the court must either impose a further period of disqualification or endorse the licence with 6 penalty points.
Well-prepared mitigation and strong advocacy can make a huge difference to sentence, particularly where a carefully worded basis of plea is prepared and advanced on your behalf.
We focus on careful, thorough preparation from the outset.
This includes:
- Obtaining and reviewing the prosecution evidence at an early stage
- Advising on plea and any available defences
- Representing you at the police station if an interview is required
- Identifying and preparing mitigation
- Drafting a basis of plea
- Gathering supporting documents and references
- Presenting your case clearly and persuasively in court
Our aim is to place you in the strongest possible position to achieve the best outcome available on the facts of your case.
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