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Driving Whilst Disqualified

If you are caught driving whilst you are disqualified, you are committing a serious offence and could face immediate arrest. You will then be taken to a police station where you will be searched, photographed, have your fingerprints and DNA taken and held in a cell. You will then be subject to a recorded interview.

The law

The Road Traffic Act of 1988 states that a person is guilty of obtaining a licence, or driving, while disqualified if he or she has:

  • Obtained a licence
  • Drives a motor vehicle on a road

A police officer is legally able to arrest any person driving a motor vehicle on a road whom he has reasonable cause to suspect is disqualified from driving.

The majority of police cars in the UK are now fitted with a Vehicle Registration Recognition System that can scan the registration number of a vehicle and can establish via the DVLA database who the car is registered to, if it is taxed, has an MOT and if it is insured. If there are any issues the police officer will be notified and will proceed to stop the suspect vehicle.

Penalties

A fine and an extension of your driving ban will be the minimum penalty. This is a serious offence and a prison sentence is a possibility particularly if it is felt that you have shown a lack of respect for the court. A brilliant defence team is necessary in that specialist knowledge of the law is the key to securing the best possible outcome for you.

Possible defences

If you can prove that you were not aware of the disqualification, the prosecution could be dropped. It is possible that you were totally unaware of the disqualification proceedings against but proving this in a court of law can be difficult without expert representation.

It may be that you were driving under the impression that your disqualification period had ended. This is entirely possible as normally when a person is disqualified they are entitled to resume driving when the disqualification period ends. In some circumstances the court may order that the offender cannot drive until they have passed an extended test, even after their disqualification period has ended.

The importance of legal advice

You can be accused of driving while disqualified even if you were not aware that you had been disqualified. Being arrested and accused of this crime can be a distressing experience that carries far-reaching consequences. At Hammond Trotter we will examine your case in detail, using our vast specialist experience in order to achieve the best possible outcome for you.