Driving Whilst Disqualified – What You Need to Know
Driving while disqualified is a serious offence. It occurs when a person drives a vehicle during a period of disqualification imposed by a court. This is a strict liability offence, meaning the act of driving while disqualified is enough to secure a conviction, regardless of intent.
If you are accused of this offence, it is important to understand your rights and options. At The Motoring Lawyers, we can help you navigate this difficult situation and fight for the best possible outcome.
What Are the Penalties for Driving Whilst Disqualified?
If convicted, the penalties can be severe and may include:
- Extended Disqualification: The court is likely to impose a longer driving ban.
- Community Orders: You could be required to perform unpaid work, attend rehabilitation programs, or comply with a curfew.
- Financial Penalties: The court may order a fine based on the severity of the offence and your financial circumstances.
- Prison Sentence: Reserved for the most serious cases or persistent offenders, imprisonment is typically considered when there is a history of repeated violations.
Additionally, if you plead guilty or are found guilty, the court may request a pre-sentence report from the Probation Service to determine the appropriate penalty. A well-prepared plea in mitigation can help reduce the severity of the sentence, avoiding custodial sentences and lengthy bans where possible.
Defences Against Driving Whilst Disqualified
There are several defences available, depending on the circumstances of your case. These include:
1.     You Were Not Disqualified: If you can prove that you were not subject to a disqualification at the time of the alleged offence, this is a valid defence.
2.     You Were Not the Driver: If the prosecution cannot prove that you were driving the vehicle, you cannot be convicted.
3.     Private Property: The prosecution must prove the vehicle was driven on a public road. If the vehicle was on private property, this may provide a technical defence.
Each case is unique, and our experienced legal team will carefully examine the details of your situation to identify the best defence strategy.
What If You Did Not Know You Were Disqualified?
It is not uncommon for individuals to be unaware that they have been disqualified. This often happens when:
- You Moved Address: Correspondence about a court summons or disqualification was sent to your old address.
- You Were Unaware of the Court Hearing: A disqualification was imposed in your absence without your knowledge.
In such cases, many people only find out they are disqualified when they are stopped by the police.
What Can Be Done If You Were Unaware of the Disqualification?
If you were disqualified without your knowledge, we can:
1.     Reopen Your Case: Even if the disqualification occurred some time ago or in a different area, we could apply to have the case reopened.
2.     Challenge the Conviction: If you had a valid defence to the original charge that led to the disqualification, we can apply to have the conviction quashed and the ban lifted.
3.     Present Special Reasons: If you drove without knowing you were disqualified, we can argue "special reasons" to reduce the penalties to the absolute minimum.
What Are Special Reasons?
"Special reasons" refer to circumstances that, while not a full defence, explain why the offence occurred and can lead to more lenient treatment. For example:
- You Did Not Know You Were Disqualified: This is common if you did not receive notice of the disqualification.
- Emergency Situations: You drove because of a genuine emergency, such as taking someone to the hospital.
If successful, a special reasons argument can reduce penalties significantly, avoiding further bans, points, or harsher sentences.
How We Can Help
At The Motoring Lawyers, we understand how stressful facing a charge of driving whilst disqualified can be. Our experienced legal team is here to guide you every step of the way. Here is how we can assist:
1.     Free Initial Consultation: We will assess your case and advise on potential defences or mitigation strategies.
2.     Detailed Investigation: We will review the circumstances of your case, including court records and any evidence the prosecution relies on, to build a strong defence.
3.     Reopen Cases: If you were unaware of your disqualification, we can apply to have the original case reopened and the ban lifted.
4.     Prepare Mitigation: If a guilty plea is unavoidable, we will present a compelling argument to reduce penalties, highlighting your personal circumstances, good character, and any mitigating factors.
5.     Experienced Representation: Our skilled advocates will represent you in court, fighting to achieve the best possible outcome.
 We offer a no-obligation consultation to discuss your case and explain your options.
Don’t Face This Alone – Get Expert Advice Today
Contact us now for a free consultation. Call 0161 383 8855 or request a callback by filling out the form below. Let our experienced team help protect your licence, your freedom, and your future.
I am a young driver who has just passed his test. Got stopped for being on my mobile phone,which i denied. Aftab Bakhat handled my case start to finish and... read more
qaz 0613 October 2024
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