Driving Whilst Disqualified

Driving whilst disqulifed
Legally reviewed by: Kevin Waddingham

Cartwright King’s dedicated Motoring Law Team will build a strong case to defend you against driving whilst disqualified charges. We have a successful track record of defending against driving whilst disqualified charges, helping hundreds of motorists each year avoid prison or community service and secure reduced sentences.

To benefit from practical, proactive advice and representation to help clear your name, get in touch with our specialist Driving Whilst Disqualified Solicitors now.

How Cartwright King Can Help with your Disqualification Whilst Driving

Our Motoring Law Team is meticulous, meaning that we don’t miss a thing in identifying factors that can help your case. Our Driving Whilst Disqualified Solicitors will build a solid case that’s professionally presented in Court to help reduce any sentence imposed on you. We can help:

  • Advice on and collate evidence to support your case
  • Represent you in Court
  • Secure a reduced sentence

Unique Advocacy Services

We can represent you at every stage of your case. If your case ends up in Court, our unique advocacy services give you legal representation from the police station through to the Higher Courts. When you need us most, we will be there with the legal know-how and calm head to guide you through your case.

If you’re arrested on suspicion of driving whilst disqualified, Cartwright King’s professional solicitor services are available day and night to offer free legal advice at the police station. Our priority is to ensure that your position is protected and your defence is properly presented.

Benefit From a Free, Initial Telephone Conversation

Your defence against driving whilst disqualified charges requires fast action, so it’s worth taking advantage of a free, initial discussion with our Motoring Law Team. You can use this time to explain your situation and find out how we can help you with a practical plan of action.

For immediate assistance, check out our phone number and contact us for your free* initial discussion.

The discussion is completely informal and confidential and allows us to understand you and your situation so that we can find the best way to proceed.

*Please be aware that this is a ‘get to know you’ call, and no advice will be given.

Why Choose Cartwright King for Disqualified Whilst Driving Defence?

Challenging a driving whilst disqualified charge requires more than just any lawyer; you need a dedicated Motoring Offence Lawyer. Cartwright King’s dedicated Motoring Law Team focuses on nothing but driving offences, meaning that you benefit from specialist legal advice and representation that is specific to your case.

We listen, we understand, and we genuinely care about keeping you out of prison. That’s why we’re committed to standing up for your rights, ensuring that you get the best defence possible and that your side of the story is heard and taken seriously.

Cartwright King can establish the best strategy for your defence, giving you peace of mind that your case is in good hands and you’re well supported.

Working with a specialist Cartwright King solicitor gives you the assurance of having access to legal counsel who will advise you at every stage of your case.

Our Driving While Disqualified Solicitors are dedicated to defending your legal rights and ensuring that you’re treated fairly throughout your case. When you need us most, our Motoring Law Team rises to the challenge.

We’re a trusted, resourceful Legal 500 top tier law firm with specialist solicitors that are calm under pressure, giving you defence counsel that you can count on.

We're here for you.

Frequently asked questions.

What Does the Law Say About Disqualified Driving?

Driving while disqualified is an offence covered under Section 103b of the Road Traffic Act 1988. According to this legislation, a person is found guilty if they drive a motor vehicle on the road while having a driving ban, also known as disqualification.

There are a few potential defences, for instance:

  • you were not driving the vehicle (disputed identity)
  • the driving did not take place on a public road
  • the police have wrong information about the disqualification period, and you were not actually disqualified at the time

What Is the Difference Between Driving Whilst Disqualified and Driving Otherwise than in Accordance with Licence?

Although some people might think that those motoring offences are very similar, the truth is that that’s not exactly the case. Disqualified driving can only be committed if the court made an order to remove your license. On the other hand, driving otherwise than in accordance with your licence can be committed in various ways, such as when you forgot to renew your licence or when the vehicle you were driving is not covered by your license – without a formal court order.

I Was Not Aware That I've Been Disqualified. Can I Use It As Defence?

If you’ve been disqualified after a court process that you did not take part in, you will not be able to use this as defence, as it is your responsibility as a driver to make sure that your licence is valid.

If you’ve been disqualified without any knowledge about it, it might be used as a special reason that can reduce the punishment you receive.

How Long Does the Driving Ban Last?

The length of your driving ban depends on how serious the offence you have committed was, as well as whether it was your second or third disqualification.

In cases you have 12 or more points on your licence, your driving ban will last for:

  • 6 months if you have collected over 12 points on your driving licence within 3 years
  • 12 months if it’s your second disqualification within 3 years
  • 2 years, if it’s your third disqualification within a period of 3 years

Will I Need a New Driving License After I Receive a Driving Disqualification?

The answer depends on how long the disqualification is for; The only case in which this will become necessary is when you’ve been disqualified for more than 56 days. However, that’s something that the Court will tell you during your case. You might also be asked to either retake your driving test or take an extended driving license before you are able to drive again.

What Penalties Could I Face If I'm Found Guilty of Driving While Disqualified?

If during the period of disqualification, you are found driving, you will have to face a penalty ranging from penalty points on your driving licence to a community order or prison sentence. Here are sentencing guidelines for driving while disqualified:

  • a fine with a maximum of £5,000
  • extension of the period of disqualification
  • up to 6 penalty points on your driving licence
  • community order
  • curfew
  • a prison sentence for up to 6 months

Which punishment you will receive for driving while disqualified depends on the circumstances of your case. If you’re a first-time offender, you could face community order, a curfew and covering the legal costs of the prosecution.

If you’re a serial offender, the charges could be more severe – such as a prison sentence, for example. The Courts view driving whilst disqualified as a serious offence and regularly hand down custodial sentences, which can be up to 26 weeks.

Can I Get My Sentence Reduced?

Yes, it is possible to reduce the seriousness of your sentence. By entering a guilty plea early, the Court is more likely to show leniency when sentencing you, even though driving whilst disqualified is seen as an ‘absolute offence’ – meaning an offence that does not require any fault elements to establish your guilt.

If you’re a first time offender entering an early guilty plea, greater leniency can be expected. If you’re a repeat offender and you maintain that you are not guilty, you’re less likely to be shown any leniency.

Can I Appeal a Driving Whilst Disqualified Conviction/Sentence?

Yes. You can appeal either a conviction or sentence in the Crown Court, and you can request that the Magistrates’ Court or Crown Court suspend your disqualification from driving pending the outcome of your appeal.

What Are the Risks of Appealing?

You have the right to lodge an appeal; however, we would always advise reviewing your case before doing so. While the Court has the authority to reduce your sentence, they can also increase the seriousness of your original sentence and make you pay the prosecution costs if they feel that the appeal should not have been brought.

We would analyse your case and advise on the best course of action.

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