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
Related Info
It is an offence to:
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:
No, there is no requirement for an NIP for Driving Whilst Disqualified.
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
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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"Excellent professional. It was very reassuring to have professional advice at a stressful time and well worth the expense - an unexpected added bonus was that our fee was reclaimed and we received full reimbursement" JL London
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