Driving Whilst Disqualified / Banned

The Offence

drive, or allowing someone to drive, a vehicle if you/they are disqualified and/or obtain a driving licence whilst disqualified

Likely Punishment

6 months in prison and/or a fine up to £5,000, 6 penalty points and discretionary disqualification from driving

Defences

the authorities need to prove that the person accused was disqualified from driving

Guide to Driving Whilst Disqualified

The Offence

It is an offence to:

  1. drive a motor vehicle if you have been disqualified from driving; and/or
  2. obtain a driving licence if you are disqualified from driving; or
  3. allow someone to drive a vehicle who you know is disqualified.

If a constable sees you driving a vehicle and believes you are disqualified from driving they have the power to arrest you.
 
If you obtain a licence whilst disqualified the law states it will not be valid and you can be prosecuted for both obtaining the licence and driving whilst disqualified.  

It does not matter whether or not you knew you were disqualified from driving.

To prosecute you, the authorities have to show that you were both: 

  1. driving a vehicle; and 
  2. disqualified from driving at the time. 

Do I need an NIP (Notice of Intended Prosecution) for Driving While Disqualified?

No, there is no requirement for an NIP for Driving Whilst Disqualified. 

Punishment

Driving Whilst Disqualified (or allowing someone to):  Up to 6 months in prison and/or a fine up to £5,000, 6 penalty points and discretionary disqualification from driving.  If your driving history is particularly bad you run the risk of having an ASBO imposed on you.

Obtaining a Driving Licence Whilst Disqualified: Fine up to £1,000

Defences

The authorities may struggle to prove that the person accused was disqualified from driving.  In extreme cases it can be a defence if you had to drive a vehicle whilst you were disqualified to avoid you or others being seriously hurt. 

If you face this charge then we recommend that you seek specialist legal advice so that you can be advised on this issue in detail, particularly as you face prison if it all goes wrong. Don't put your freedom at risk, call our team of expert lawyers to assist you with your case.

Even if you have committed the offence, we are still able to assist by advising you on what elements of your personal circumstances the Court are likely to take into account when punishing you. 

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