Section 103(1)(b), Road Traffic Act 1988
The offence is committed in any circumstances where a person drives any motor vehicle during a period of disqualification imposed on him by a court.
Only a court of law can impose a period of disqualification. Disqualification takes effect immediately from the moment it is imposed by the court. Following a period of disqualification, it is necessary to apply to DVLA for the return of your driving licence. Subject to certain time limits an application can be made for removal of disqualification before the period of disqualification is due to end.
It is also an offence to obtain a driving licence if you are disqualified. If a person does so the licence will not be valid and he will face a separate prosecution for obtaining a driving licence whilst disqualified.
Penalties
Disqualification is an order of the court. Since the offence of driving whilst disqualified blatantly disregards the order of the court it is always regarded as a serious offence. The maximum penalty is a fine of up to £5000 and 12 months imprisonment. Disqualification is discretionary but mostly inevitable. In exceptional circumstances, however, the court has the power to refrain from disqualification and can impose 6 penalty points.
The Prosecution Case
To secure a conviction the prosecution must introduce sufficient evidence that the person accused of the offence was both:
- Driving a motor vehicle; and
- disqualified from driving at the time.
In practice, the prosecution will lead evidence from two police officers who will, principally, give evidence about the identity of the driver and the driving that took place. If a person denies that he was disqualified this must be properly intimated to the court early in the proceedings. Where such a challenge has been made the prosecution sometimes struggle to prove that a person has been previously disqualified, especially if it was imposed in a different jurisdiction.
Defences and Mitigation
Unless you can prove that you were not in fact driving or were not the subject of a period of disqualification, defences are limited. However, a valid defence of Necessity or Duress is available. The defence is only available where the disqualified person is able to establish that he drove because of an immediate danger to himself or another person.
Problems arise where people are unaware that they are disqualified. This may happen where a person has:
- been disqualified in their absence; or
- been ordered to re-sit their test following a period of disqualification, or simply made a mistake about the dates of disqualification.
It is not a defence that a person did not know that they were disqualified or that they made a genuine mistake. However, such an explanation may serve to reduce the penalty that the court imposes.
Special Reasons
In addition, it may be possible to establish that there are Special Reasons for not disqualifying or even endorsing a licence with penalty points. Special Reasons can be defined as mitigating circumstances that explain why the offence took place and which justify the court imposing a lighter sentence. Common examples of Special Reasons include:
- Medical emergency
- Shortness of distance driven
- Escaping violence or threatening behaviour
How we can help
Driving whilst disqualified is a serious offence with far-reaching consequences. Whether you plan to defend the case or plead guilty you should always seek legal advice for an offence of this type. Our experience and expertise in this area will quickly determine the best option for you. As specialist road traffic lawyers we are best placed to give you the right advice. We pride ourselves in offering a service that is friendly, honest and reliable. For free advice that is without pressure or obligation simply contact us:
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I honestly couldn’t praise Dominic enough!!
I honestly couldn’t praise Dominic and this fantastic company enough. I had direct communication from Dominic after I was recommended to acquire their services. Dominic was first class from the off, kept me updated through out and was an absolute gentleman. So my advice would be if you require any assistance in terms road traffic […]
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Excellent lawyers firm.
I had a drink driving charge and speeding charge. I found Dominic Sellar & Co online. Dominic discussed my case with no obligation telephone consultation and advised me of what lay ahead. I decided to use his support & services.Dominic was not able to attend court on the day of my case but his partner […]
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Dominic Sellar & Co. left a lasting impression with their remarkable and thorough approach. Their meticulous attention to detail and commitment to excellence were evident throughout the entire process. The professionalism and expertise demonstrated by the team were truly commendable, making the experience both impressive and reassuring.
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Speeding Driving Charge – 1st Class Service
Recently hired Dominic for a speeding charge I received. My experience was first class from start to finish upfront cost no hidden charges and communication from Dominic at all times was amazing only a phonecall away.
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Multiple Charges
I was facing multiple charges and Dominic sorted Everything out. I’m absolutely delighted by the outcome. And would recommend him to anyone needing a traffic lawyer.
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Honest and trustworthy service
facing a very difficult situation of a lengthy ban Dominic managed to fight my corner which resulted in a more manageable short term ban. What I liked about Dominic was that he was very straight talking and was very honest. Wouldn’t hesitate to recommend him.
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Dominic was great from the start
Dominic was great from the start, advice and possible outcomes. Handled my case with minimum fuss. The outcome was better than I could have hoped for. Hopefully I will not need you again, but should I face the same predicament I wouldn’t go anywhere else. Highly recommend. Thank you again.
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Mr SF, Glasgow
“I would like to take this opportunity to thank Dominic Sellar for all his help and representation in my case at Hamilton Sheriff Court where I was charged with Dangerous Driving. Mr Sellar was able to persuade the prosecutor that the driving was not dangerous…the Prosecutor accepted that the driving was careless. I avoided a […]
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Mr K, Manchester. Construction & Use Case
“I am writing about my road traffic case at Edinburgh, where I was charged with a number of offences relating to insurance and braking defects with an HGV that I own. With 9 points on my licence and the very real prospect of a ban I needed an expert road traffic lawyer. From the outset […]
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Mr BM, Aberdeen
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