Driving While Disqualified

If you have been caught driving while disqualified, you could face severe penalties.

Our team is here to assist you in exploring potential defences or mitigating the penalties you face.

What is the Offence of Driving Whilst Disqualified?

  • Section 103 (1) of the Road Traffic Act 1988 provides that a person is guilty of an offence if they do either of the following whilst disqualified:
    • a) Obtain a licence, or
    • b) Drive a motor vehicle on a road.
  • Section 103 (3) states that a police constable in uniform may arrest, without a warrant, anyone driving a motor vehicle on a road whom they have reasonable cause to suspect has been disqualified from driving.

What Sentence Will I Get if I am Convicted of Driving Whilst Disqualified?

The maximum sentence that you can face for driving whilst disqualified is six months imprisonment, with a fine being the minimum penalty handed down. The Court could also subject you to a community order.

How Do the Police Catch Disqualified Drivers?

The police in England and Wales use various methods to catch disqualified drivers and enforce road safety regulations. Common methods employed include:

  • Automatic Number Plate Recognition (ANPR) Cameras - these cameras

    are placed at various locations, such as on police vehicles, on the roadside, or at specific points like toll booths. ANPR cameras can quickly scan license plates and cross-reference them with a database of disqualified drivers or vehicles with expired insurance or tax.

  • Random Traffic Stops -

    police officers conduct routine traffic stops to check drivers’ documents, including their driver’s licenses. If a driver is found to be disqualified, they can be immediately apprehended.

  • Integrated Police Databases -

    law enforcement agencies have access to integrated databases that allow them to quickly verify a driver’s status, including whether they are disqualified from driving.

  • Reports from other road users -

    members of the public can report suspicious or dangerous driving behaviour, which may lead to the identification and apprehension of disqualified drivers.

Can I Defend a Driving Whilst Disqualified Charge?

  • Driving whilst disqualified is an absolute offence which means you can be found guilty even if you did not mean to commit the offence. To be acquitted, you will need to prove that you were not the person driving the vehicle at the time the offence was committed or that you were not actually disqualified from driving.

Schedule a consultation with one of our expert solicitors

Read what our clients think

Thanks to their expertise, the evidence was carefully reviewed, and they identified crucial details that helped to weaken the prosecution’s case. Throughout the entire ordeal, they kept me informed and supported, ensuring I felt confident during each step of the proceedings. At trial, I was completely acquitted of the charge. I am incredibly grateful for their dedication and hard work. They not only saved me from a criminal conviction but also from a potentially life-changing consequence of a prison sentence. I can’t recommend this firm highly enough. Thank you for everything.

Mr BD

The team’s professionalism, attention to detail, and commitment to my case made all the difference. I can’t thank them enough for their support and dedication throughout the process. If you are facing any road traffic issues, I highly recommend Windmill Cross. They truly care about their clients and will fight for the best possible outcome.

Mr TA

I’m beyond relieved, and I owe it all to the team at Windmill  Cross. They were thorough, sympathetic and truly had my best interests at heart throughout the entire process. If you’re under investigation or facing legal challenges, I highly recommend them.

Anonymous