Driving whilst Disqualified - Motoring Offence

Driving whilst disqualified is a very serious offence and is viewed extremely seriously by the Court.

Whilst some Courts in England and Wales choose to disqualify in a person’s absence, it is not a defence if that person did not know about the disqualification being imposed. However, there are often evidential gaps in the Prosecution’s case which can result in a case being thrown out at Court.

A person who has been disqualified until test passed is likely to be convicted of this offence unless they obtain a valid provisional driving licence and adhere to the terms of that licence.

Penalty

The usual punishment for a first offence is a community penalty whilst repeat offenders are more likely to be sentenced to a term of custody (6 months maximum). The Court may impose a financial penalty if it deems this to be appropriate of up to £5000. Driving whilst disqualified attracts a penalty of 6 points, although the Magistrates are entitled to disqualify under their discretion.