Driving while disqualified carries arange of possible penalties, including asix-month prison sentence, afine and an extended driving ban. It is essential that you instruct aspecialist motoring offence solicitor torepresent you in court. Asolicitor can argue for leniency, helping you toavoid acustodial sentence.
Driving offence solicitors London
Have you been caught driving while disqualified? Contact us now at Ashmans Solicitors. Weoffer free police station representation, and can take your call 24 hours aday, 7 days aweek. Wecan advise you throughout proceedings, representing you in court tosecure the best possible outcome.
Driving while disqualified – the law
If you have been disqualified from driving, then you are not allowed tooperate amotor vehicle on any public road or highway until your driving ban has been served. You can check the gov.uk website tosee when your ban ends. The DVLA will also send you aD27 renewal form 56 days before your disqualification expires, which you can use toreapply for your driving licence. The expiration date of your ban is firm. Even if you have just one day left toserve, you still cannot get behind the wheel of amotor vehicle.
You also need tobe wary about the difference between private and public property. The law specifically states that you cannot drive on any public road or highway. Some people are lured into afalse sense of security because they believe they are driving on private property.
However, this can be something of agrey area. Take pub car parks, for example. These are generally located on private property, but allow unfettered access tothe public. In the eyes of the court, this makes them apublic place.
Is driving while disqualified an offence?
Driving while disqualified is acriminal offence. You are not insured todrive while you are disqualified, so you will also be guilty of driving without insurance. Driving while disqualified is taken very seriously. It is not like other, more minor motoring offences where you receive aFixed Penalty Notice in the post. Instead, you will be arrested and there will be acourt hearing. The court will decide what penalty toimpose, basing their decision on factors such as your previous infractions and the likelihood of you reoffending.
When it comes todriving while disqualified, the court has arange of penalties at their disposal, including:
- Asix-month prison sentence
- Six penalty points
- An extended period of disqualification
- Community service
- Acurfew order and electronic tag
- Afine
How will Ibe caught driving while disqualified?
The police have something called an Automatic Vehicle Registration Recognition system fitted totheir cars. They can run checks on every single vehicle on the roads, using the registration plate toconfirm whether the vehicle is taxed, MOT’d and insured. If this raises any alarm bells, the police will pull the vehicle over and conduct further investigations. If it transpires that the driver is in fact disqualified, he/she will be immediately arrested and taken tothe police station.
What happens when you are caught driving while disqualified?
You will be arrested and taken tothe police station. You will have your fingerprints and photograph taken, after which you will be held in custody until you are interviewed. Before you answer any questions, you must get expert legal advice. You are entitled tofree police station representation and it is absolutely essential that you exercise this right. Asolicitor can advise you which questions toanswer, and most importantly, how toanswer them. This ensures that you donot accidentally incriminate yourself or increase the severity of the situation.
If you are currently being held in apolice station, contact us Ashmans Solicitors. Weoffer free police station representation. Weare available totake your call 24 hours aday, 7 days aweek. Donot say anything until you have spoken tous.
Next, you will either be released and told toattend aMagistrates’ Court on acertain date. This is known as acourt summons. Or, you will be held in custody until you are taken tocourt. The magistrates will hear your case and consider what penalty toimpose. It is not recommended that you represent yourself. You face apossible prison sentence, so it is vital that asolicitor pleads for leniency on your behalf. Our motor offence solicitors can defend you, working tominimise the consequences.
Will Idefinitely go toprison?
The maximum penalty for driving while disqualified is six months in prison. However, the court will not necessarily impose the maximum sentence available – it is simply an option open tothem. Having said that, the courts dotreat driving while disqualified very seriously and wish todeter others from breaking the law. Custodial sentences dohappen, particularly for repeat offenders.
It can be very hard toprovide acomplete defence todriving while disqualified, as it is likely that you knew what you were doing. Even so, it may be that you were not on public property, meaning that the charge cannot be upheld. Or there may be aspecial reason for your actions. For example, you might have been fleeing from danger or responding toamedical emergency. If so, you may have had no option but todrive, despite your driving ban. There may also be other defences available. Wewill explore the best approach in your case, persuading the court that acustodial sentence is not appropriate in the circ*mstances.
If you are convicted of driving while disqualified, the minimum penalty you can expect is six penalty points and afine.
Where can Ifind asolicitor?
There may be very little time in between your arrest and your court appearance. Because of this, you might only have ashort window of opportunity in which tosecure legal representation. It is therefore essential toact sooner, rather than later. You donot want toappear in front of the court without asolicitor byyour side. Ideally, you will contact asolicitor as soon as you are arrested. The police will take away your mobile phone, but you are allowed aphone call at the police station. You are also entitled tofree legal advice. If you say that you want totalk toasolicitor, then the police cannot interview you until this has happened.
It can be hard toknow who tocall, but take note: wedefend clients accused of motoring offences, such as driving while disqualified. Wehave aspecialist team of motor offence solicitors and werepresent clients across England and Wales. If you have been charged with amotoring offence, wecan help you. Wewill recommend the best approach in your particular case, applying our legal expertise tosecure anot guilty verdict, or areduced sentence if aconviction is inevitable. In particular, wewill take pains toargue for leniency, persuading the court toconsider alternatives toacustodial sentence.
Driving offence solicitors London
Contact us now for an initial enquiry. You can call us on 03330096275. Weare available 24 hours aday, 7 days aweek. See our motoring defence fees page tofind out more about our fixed fees.
You can also email us on enquiries@ashmanssolicitors.com or complete our Online Enquiry Form and wewill contact you. Are you eligible for early removal of driving disqualification?
