Solicitors for Driving Whilst Disqualified or Banned (BA10)
If you're accused of or charged with the offence of driving whilst disqualified, seeking expert legal advice is crucial. Driving while disqualified carries severe penalties, including a potential six-month prison sentence, fines, and an extended driving ban. If you are charged with driving whilst disqualified, it's imperative to have a specialised motoring offence solicitor to represent you in court; they can advocate for leniency, potentially helping you avoid a prison term.
If you require specialist advice or representation for this offence, reach out to us today - at Draycott Browne, our experienced motoring offence team has extensive experience in defending clients facing this charge, so if you need advice or representation please get in touch as soon as possible.
What is the law on driving whilst disqualified?
You commit the offence of driving whilst disqualified if you operate a motor vehicle on a road or public place while disqualified from holding a license. The law pertaining to driving whilst disqualified can be found in section 103 of the Road Traffic Act 1988.
When the Court imposes a driving disqualification, you must refrain from driving until the disqualification period is completed. In some cases, the Court may require you to pass an extended re-test before resuming driving.
how do i find out my driving disqualification period?
Once you've been disqualified from driving, it’s absolutely crucial that you completely refrain from driving any motor vehicle on any public road or highway until your ban has ended. You can check the gov.uk website to find your disqualification end date. The DVLA will send you a D27 renewal form 56 days before your disqualification expires so that you can reapply for your driving license. The expiration date is non-negotiable – even if you have just one day left, you must not drive.
what is the difference between public and private property for driving whilst disqualified?
Differentiating between private and public property is crucial. The law specifies that you cannot drive on public roads or highways. Some areas, like pub car parks, may seem private but are accessible to the public, making them public places in the eyes of the law.
In order to secure a conviction for driving whilst disqualified, the prosecution must prove two key elements: that you were driving a motor vehicle and that you were legally disqualified when stopped.
If you're caught driving while disqualified, it's a serious matter. You may be arrested, questioned at the police station, and charged under section 103 of the Road Traffic Act 1988. This is a criminal offence, and you won't be insured to drive, adding the offence of driving without insurance.
What are the penalties for driving whilst disqualified?
Unlike minor motoring offences that may result in a Fixed Penalty Notice, driving while disqualified leads to arrest and a court hearing. The court decides the penalty, taking into consideration any previous convictions, and what they consider to be your likelihood of reoffending. There are a range of penalties that the court can impose, including six penalty points, community service, curfew orders, electronic tags, extended disqualification, fines, and in the most serious cases, up to six months in prison. The minimum penalty if convicted is six penalty points and a fine. While the maximum penalty is six months in prison, the court may generally opt for lesser sentences, particularly if this is out of character; custodial sentences tend to be more likely for repeat offenders.
How are driving whilst disqualified charges proved?
The prosecution must establish two key elements for a conviction:
- that you were disqualified when driving and
- that you were, in fact, driving.
Police use Automatic Vehicle Registration Recognition systems to check vehicles on the road, verifying tax, MOT, and insurance. If an issue arises, they pull the vehicle over and investigate. If you're found to be disqualified, you'll be arrested.
Mitigating and aggravating factors
Driving while disqualified can be a challenging charge to defend against, as in almost every case the driver knows that what they were doing was illegal. The court considers factors like the duration of the disqualification, whether or not you were carrying any passengers, the distance driven, and evidence of bad driving. Mitigating factors, such as a genuine emergency, or genuine remorse can be presented to the court in order to argue for leniency.
What happens if I’m arrested for driving whilst disqualified?
If you are arrested, you'll be taken to the police station, where your details will be recorded. It is incredibly important that you seek legal advice or representation before you answer any questions in order to avoid self-incrimination, or inadvertently making your situation any worse. You have the right to free police station representation.
You may be released and summoned to a Magistrates’ Court, or held in custody until the court date. We would strongly advise against representing yourself in court; this is a serious offence and the stakes are high, especially considering the possibility that you may be facing a prison sentence. Expert solicitors can build a case in your defence, particularly if you were not on public property at the time of the offence, or you can demonstrate that you had a compelling reason for committing the offence, such as that you were in danger, or responding to an emergency. They will examine all of the facts, and they can plead for leniency on your behalf.
You should act promptly to secure legal representation, as the time between arrest and court appearance may be limited. You are allowed a phone call at the police station and are entitled to free legal advice. If you find yourself in this situation, please get in touch as soon as possible; our extensive experience in defending motoring offences means that we’ll do everything possible to ensure you have the best defence strategy.
Why choose Draycott Browne to defend your Driving Whilst Disqualified Charge?
Facing a charge of driving whilst disqualified can be daunting, and choosing the right legal representation is key to safeguarding your rights and securing the best possible outcome. At Draycott Browne, our criminal solicitors in Manchester understand all of the complexities of motoring offence cases, and our track record speaks for itself.
With over two decades of experience in this area of law, we specialise in cases just like yours. We have an excellent success rate in defending clients against driving whilst disqualified charges; our commitment to excellence and relentless dedication to each case make us one of the best choices for legal representation in the North West. Our Motoring Offence Solicitors approach each case with a tailored strategy, taking the time to understand your specific circumstances, analysing the evidence and identifying key details that can make a difference to your defence.
Clear and honest communication is fundamental to our approach. As one of the leading criminal defence law firms in the UK, we ensure you are well-informed at every stage of your case, so you'll never be left in the dark about your legal situation, and we’re here to support you through every step of the process. Our responsive team is available to answer your questions and address your concerns promptly, so contact us today for a free initial consultation.