Driving Whilst Disqualified

Driving whilst disqualified is a serious matter that can lead to an immediate custodial sentence.

If you face an allegation of driving whilst disqualified then contact us now.

We have represented people facing an allegation of driving whilst disqualified who had been disqualified in their absence, typically following a conviction of failing to identify driver.  They have often moved address or changed vehicles and can be shocked at the seriousness of the situation they find themselves in.  We can help you.

The Law

Section 103 Road Traffic Act 1988

A person is guilty of an offence if, whilst disqualified for holding or obtaining a licence, he –

  1. a) Obtains a licence; or
  2. b) Drives a motor vehicle on a road.

What am I looking at?

This is a serious allegation where the starting point for the least serious offence would be a community order which could mean unpaid work, an electronically monitored curfew or carrying out work with the Probation Service.  The Court has the power to impose 6 months immediate custody and if a driving disqualification is not imposed then the offence attracts 6 penalty points.  A lengthy disqualification from driving is not uncommon.

Is Legal Aid available?

Subject to your means, it is almost certain that an allegation of driving whilst disqualified would satisfy the “interests of justice” criteria which means that we will be able to provide free representation at the Magistrates Court.

Contact us now and we can provide you with expert advice regarding Legal Aid eligibility or a fixed fee to provide representation.