Driving Whilst Disqualified
At Parnell and Peel our specialist motoring solicitors have extensive experience dealing with individuals who have been charged with an offence of driving whilst disqualified. With an extensive track record of helping motorists and 2 decades of experience contact us now to speak to one of our experts in order to build an absolute defence for your offence .
Driving whilst disqualified is a serious offence that can entail harsh consequences and penalties if an individual is charged. We understand the spillover effects this can have on your personal life , family and commitments which we aim to minimise through exemplary legal representation and support for all of our clients .
The Process
If a police officer has reasonable suspicion to believe you are driving a vehicle whilst disqualified they have the right to stop you . If it is confirmed that you are in fact disqualified you will be taken to the police station and detained in a cell . After being detained you will be asked for fingerprints and a DNA sample . The police will also search you and you will be photographed .
You will also be informed of your rights and provided with the chance to contact a solicitor . After this you will either be released and given a court hearing date or if the circumstances surrounding the offence are severe you will be held in custody until you appear before a court.
How do the police catch banned drivers?
In the UK the police use various forms of technology in order to identify banned drivers. The most common way officers identify and are alerted to disqualified drivers is through the use of Automatic Number Plate Recognition Systems (ANPR) . ANPR cameras are placed all over the UK in order to catch drivers by scanning the vehicle's licence plate; they can automatically validate whether the vehicle possesses an MOT , road tax , and the name of the vehicle's registered keeper . If the ANPR cameras are flagged by a vehicle then an alert is generated and police intervention occurs soon after.
Although ANPR cameras are the most common way police identify disqualified drivers officers are trained in recognising suspicious behaviour in drivers and if they have reason to believe a driver is disqualified they have the right to carry out a stop and check .
Driving whilst disqualified first offence
If this is your first offence and the circumstances in your case lower harm and culpability your offence will most likely be categorised as a category 3 offence the penalties for the offence can be referred to in the table below :
Level of Seriousness | Starting Point | Range | Penalty Points / Disqualification |
|---|---|---|---|
| Category 1 | 12 weeks custody | High Level community order - 26 weeks custody | Disqualify for 12 – 18 months for this offence |
| Category 2 | High level community order | Medium level community order - 12 weeks custody | Disqualify for 6 – 12 months for this offence |
| Category 3 | Low level community order | Band C fine - Medium Level community order | Disqualify for 3 – 6 months for this offence |
Distractions can also be classified as dangerous driving, such as:
Driving whilst disqualified for the 2nd time
You may have a genuine reason for why you needed to drive whilst disqualified such as an emergency, albeit the courts will not be so lenient . According to the magistrates guidelines the magistrate is encouraged to impose a custodial sentence if you have driven within your 12 month disqualification period . Most likely you will also receive an extended disqualification . To ensure you receive the shortest disqualification possibly seek expert legal advice such as the specialist motoring solicitors at Parnell and Peel. With expert mitigation from our specialist team it could be the difference between a lengthy disqualification and a reasonably short one .
Exceptional Hardship
In some cases you may be able to put an argument forward for exceptional hardship where if the extension or instatement of a disqualification is imposed by the magistrates and this causes exceptional hardship on you or those dependent on you it may be reduced or nullified. This will be dependent on the circumstances surrounding the offence and any mitigating and aggravating factors present . If you believe you have grounds for exceptional hardship contact our expert motoring team now at :
0330 341 1690
How we help
With extensive experience and a lengthy track record of motorists we've helped, we believe that seeking specialist legal advice is vital in either avoiding a disqualification or severely reducing the length of one. Whether challenging the validity of the disqualification or mitigating it ruthlessly on our clients behalf, we take a strategic approach to defending our clients. For a free initial consultation, contact us now at 0330 341 1690.
"I was charged with Drink Driving, and the case looked hopeless, Abdul reassured me, and the CPS offered no Evidence. Abdul is certainly an Expert in Drink Driving and his handling of the case was outstanding"
"I was charged with drink driving and my case looked hopeless. There was witness evidence and forensic evidence. From my first meeting with Abdul he reassured me that we could win the case. Abdul was fantastic and the end result is that I am a happy man as I have kept my driving licence and my job."
"I would like to thank Abdul for his support and professionalism through a difficult phase in our lives.The outcome was the best of what we could have hoped for and would recommend your service to others if needed."
"After an extremely stressful 4 months I am delighted with the outcome . Abdul represented me through-out and was always there to support me when the panic took over and delivered what was discussed at our very first meeting. I cannot thank Abdul enough for all his hard work and helping me keep my driving licence. , I wouldn’t hesitate recommending them to friends and family. Many Thanks."
"I am grateful to Abdul and team. I have avoided conviction for failure to provide despite what seemed to be overwhelming case against me. I am absolutely delighted as my driving licence was everything and I stood on the verge of losing everything. Keep up the good work ."