Driving whilst disqualified is a serious offence which can be penalised with a prison sentence. Call us now if you are facing this charge and we can offer a free initial consultation on your case. 03330 096 275

Possible penalties

If convicted of this offence, it may be possible that the penalties could include a prison term.

The seriousness of the offence is determined by factors of culpability and harm. Factors of higher culpability include driving whilst only having recently been disqualified, purchasing the vehicle you were driving whilst you were disqualified or driving whilst disqualified for a reward (e.g. payment of some kind).

Factors of increased harm include things like evidence that the quality of your driving whilst disqualified was poor, or that you drove a significant distance.

How seriously prosecutors and the Magistrates treat this offence depends on whether you can be proven to have more or less factors of harm and culpability. For category one offences with no mitigating circumstances, up to 6 months in prison is possible however a successful mitigation could see this maximum sentence reduced to a community order. At the lower end of seriousness, category 3 offences may be penalised with a fine only. In most cases you will face an additional disqualification beyond the end date of the previous ban, however, for the least serious cases, lenient judges may lower the penalty to 6 penalty points.

It is essential to seek representation if you are facing a charge of driving whilst disqualified. Sentences can range from fines and penalty points up to lengthy disqualifications, large fines and significant prison sentences.

It is entirely possible you were driving under the impression your ban had already ended, or you may not have been aware that you had been banned from driving. Unfortunately, charge cannot be dropped in these cases. A good legal defence team however can argue the case for a special reasons plea, which would see a judge find the defendant guilty, but decide to impose no penalties.

In other cases our goal will be to provide expert mitigation to ensure the penalties our clients face are less severe. For example, we would look to demonstrate good character, or highlight special reasons for driving whilst disqualified. A judge may be more lenient if we can establish a client had to drive whilst disqualified in the case of a genuine emergency. Similarly, if a motorist had to drive whilst disqualified because of a serious medical issue requiring immediate treatment, or can demonstrate they have no prior convictions, these are all factors that can convince judges to view the offence as less severe.