Driving whilst disqualified is a criminal offence that will usually be dealt with in the Magistrates' Court.
If the disqualification has been recently imposed the sentencing guidelines would treat this even more seriously and there would be a rave risk of imprisonment.
Even when a lengthy period of the ban has already been served there is still a real risk of imprisonment.
There are potential defences to driving whilst disqualified and these include:
- You were not driving, for example, a disputed identity case
- The driving did not take place on a road
- You were not disqualified
We can advise you whether you have a defence and represent you at trial if you do.
The Court treats this offence seriously as a person who is driving whilst disqualified is ignoring a Court Order. If the disqualification has been recently imposed the sentence starting point on the Magistrates' Sentencing Guidelines is 12 weeks custody. This starting point is for a first-time offender who has pleaded not guilty.
Even when a lengthy period of the ban has already been served, the starting point is a High-Level Community Order and imprisonment is still a possibility.
It is far more serious if there are previous convictions for this offence.
You can receive credit for a guilty plea and having expert legal representation for a plea in mitigation, which is your chance to explain your particular circumstances, could make all the difference between a prison sentence, community order or a fine.
If convicted of this offence the Court is likely to impose a further period of disqualification. If they do not impose a disqualification they must endorse the licence with 6 penalty points. A well argued plea in mitigation by an experienced road traffic solicitor increases the chance of avoiding a further disqualification.
Hewitts Solicitors offer free expert legal advice and representation for any interview at the police station. This advice is available whether you are under arrest or attending the police station voluntarily.
If you have been charged with or reported for an offence Legal Aid may be available.
To find out more about how we can help you, please click here or contact us for free initial no obligation advice. We are available 24/7, Freephone 0800 304 7740.