Driving Whilst Disqualified Solicitors

If you have been accused of driving whilst disqualified, the potential impact of a conviction could be serious. You can face a prison sentence for such an offence, even if you are a first-time offender.

If you are accused of driving whilst disqualified, or you have been charged with an offence, our team of highly experienced solicitors can help. Where you need to be represented at the police station, or you require support at the Magistrates’ Court, we will be able to lend our expertise.

What is driving whilst disqualified?

Driving whilst disqualified is operating a vehicle while being banned from driving due to a previous legal disqualification. This offence carries serious consequences, including fines, extended disqualification periods, and potential imprisonment.

Driving whilst disqualified is considered an absolute offence (only requiring the prosecution to prove that the unlawful act occurred), but this does not mean that it is not possible to launch an effective defence and avoid prosecution or reduce the potential sentence you are facing.

Contact us today in London (West Drayton) on 01895 449288 or in Hertfordshire (St Albans) on 01727 840900 or email us at info@wellsburcombe.co.uk.

Defending allegations of driving whilst banned

Where the police have presented evidence that you were driving whilst disqualified, you could face a range of penalties from a fine to potential imprisonment.

While defences against these allegations are often limited, avoiding prosecution may be possible in some instances. This is where the support of our expert solicitors will prove essential.

When instructed, our team can provide robust representation at the police station and any subsequent court proceedings, building the strongest possible defence case for your circumstances.

Depending on the particulars of the case, and the strength of the evidence presented by the prosecution, our team will seek to have your charges dropped altogether or, where this is not possible, have the sentence you are facing significantly reduced.

The exact defences that are used in your case will vary. For example, it may be possible to put forward a defence that demonstrates you were not behind the wheel at the time, you had no reason to believe that you were banned, or driving was unavoidable given the surrounding circumstances.

Where a conviction is unavoidable, our team will strive to ensure that the sentence handed out is proportionate and accounts for various other factors and impacts on your life.

If you are convicted of driving whilst disqualified, it is usual practice for the court to adjourn a sentencing hearing to enable a Pre-Sentence Report to be obtained. This report will then be used by the court to decide on the appropriate sentences that could be imposed.

The Pre-Sentence Report may be an ‘all options’ report, where the court chooses not to rule out the possibility of a custodial sentence, or a report where the court has elected that the offence is not serious enough to warrant a term of imprisonment.

Defending allegations of further offences caused while banned from driving

If you have been arrested for driving whilst banned, you may be facing further driving offence charges, such as driving without insurance, careless driving, or dangerous driving.

As you can expect, the more charges you are facing for driving offences, the more serious the punishment you are likely to receive.

If you are accused of committing further driving offences, our solicitors will carefully review your case and advise you on the best possible outcome for your situation. We can then take all of the necessary steps to help you achieve this.

Our fees

When instructed, our solicitors specialising in driving offences will be able to advise you on whether your case qualifies for assistance through the Legal Aid scheme.

It is important to note that Legal Aid is often available for such cases since the offence carries imprisonment.

If you do not qualify for Legal Aid, we will be happy to discuss private fees and instalment payment arrangements. We can talk you through your options and advise you on how best to proceed.

Driving whilst disqualified FAQs

Is driving whilst disqualified an arrestable offence?

If the police catch you driving whilst banned, you are likely to be arrested and taken to a police station. The police will then hold you in custody until an interview takes place.

During this stage, you will be entitled to free legal representation. Having legal representation will help you understand to what extent you should cooperate with the police and how to avoid harming your defence.

Following the arrest, the police could take one of two actions. You could either be released, or you could be charged with driving whilst disqualified and handed a court summons to attend a hearing. The court will then consider the case and decide whether to impose a penalty or not.

What are the driving whilst disqualified sentencing guidelines?

If you are facing a charge of driving whilst disqualified, the court will consider your culpability and the harm caused.

Factors which indicate higher culpability for driving whilst disqualified include driving shortly after a disqualification was imposed, driving a vehicle which was obtained during the disqualification period, and driving for reward whilst disqualified.

Factors which indicate greater harm caused include a significant distance being driven, or evidence of associated bad driving.

Where there is deemed to be both a high level of culpability and harm caused, you are likely to face a more serious punishment. The maximum sentence for driving whilst disqualified is 26 weeks (six months) imprisonment, in addition to a further disqualification period of 18 months.

Equally, driving whilst disqualified is often dealt with by way of a community order and a further disqualification period of three months, or six penalty points.

Further information regarding sentencing guidelines for driving whilst disqualified can be found here.

Can you go to jail for driving without a license in the UK?

Yes, potentially. If various factors indicate that there was a high level of culpability and harm caused, you could receive a prison sentence, especially if you have previous similar convictions.

Contact our solicitors in West Drayton and St Albans