Driving whilst disqualified is considered an absolute offence, which means no fault elements are needed to declare an offender guilty. This means that if you are caught at the wheels while you are banned from driving, your chances of escaping punishment are slim to none.

However, in some cases, you might be able to find some wiggle room if you have a solid defence. If you find yourself in that scenario, you must seek help from motoring offence solicitors to ensure that you have adequate justification to mitigate your penalty. Unfortunately, your odds of getting the offence reversed altogether are non-existent since it is seen as a major crime.

What Happens When You Are Caught Driving After Disqualification?

If the police catch you in a motor vehicle whilst you are disqualified, you will be immediately taken to the police station. You cannot escape this fate because officers will only listen to you after you have been arrested. That is, you will be interviewed after you have been photographed at the station and your fingerprints and a DNA test have been taken.

What Is The Penalty For Driving Whilst Disqualified?

There are many motor offences that a person can commit, but if they are caught behind the wheels while they are banned, they will face severe punishment.

The penalties for driving whilst disqualified include

  • A fine up to £5000.
  • An extension to your driving ban
  • Six points of penalty on your driving license
  • Community service
  • Mandatory attendance at motor safety seminars
  • A curfew
  • Imprisonment up to 12 months

Your punishment may be more severe depending on your ban period. That is, the longer the ban period you have been given, the more serious your offence will be. Hence, your penalty could be more severe, such as longer imprisonment.

Moreover, it must be noted that your driving ban period will be decided based on your motor offence track record. If you get 12+ points within 3 years, you will be disqualified for 6 months. If you are charged a second time within 3 years, your disqualification duration will go up to 12 months. Lastly, if you are disqualified a third time within the same 3 years, you will be banned for 2 years.

What Defences Are There When Caught Driving Whilst Ban?

Although there aren’t many justifications that you can give to save yourself from the penalty for driving while banned, you can try to appeal for leniency in magistrate court on the basis of the following accounts.

  • You were not driving the vehicle.
  • You were not driving on a public road with other motor vehicles
  • The police made an error and that you weren’t disqualified or that your disqualification period had passed a while back.

If you present a well-supported case in magistrate court, you can get your sentence or fine reduced.

However, as already mentioned, getting lenient treatment when caught driving whilst banned is almost impossible unless you are absolutely certain you are not guilty.

The best practice in such a scenario would be to reach out to motor offence solicitors and let them study your case. If they believe that you are indeed innocent, they may guide you to apply for a plea in court.

Recommended Posts

No comment yet, add your voice below!


Add a Comment

Your email address will not be published. Required fields are marked *