Driving whilst disqualified solicitors

Driving whilst disqualified is a criminal offence and those accused of committing this offence often find themselves charged as opposed to being summonsed. Once charged they are bailed to attend Court by the police. For advice from expert solicitors call our 24/7 driving offence helpline on 0203 816 9274.

In view of the sentences likely on conviction, we would recommend that anyone charged with disqualified driving contact us to obtain legal advice and guidance whether this is for a defence or mitigation.

loading staff

Pre Sentence Report

If convicted of driving whilst disqualified, it is usual practice for the Court to briefly adjourn your sentence hearing to enable a Pre Sentence Report to be obtained. The Court will then use this report in order to decide on the appropriate sentence to impose against you. This report may be an "all options" report, where the Court chooses not to rule out the possibility of imposing a custodial sentence, or a report where the Court has decided that the offence is not serious enough to sentence to a term of imprisonment. However this is not the only information that the Court will consider, having a good plea of mitigation can be the difference between a custodial sentence or a community order.

Driving whilst disqualified is an absolute offence. This means that there is no defence, other than if you could prove that you were not in fact subject to a disqualification. Problems often arise where people have been disqualified in their absence as a "totter" and are unaware that they have been disqualified by a Court. However, whilst this is not a defence to the charge, it can amount to special reasons. A special reasons plea is still a guilty plea, however if successful it gives the Court the discretion to impose no penalty for the offence.

Charged with driving whilst disqualified

If you are charged with driving whilst disqualified it is essential to obtain advice from a specialist motoring lawyer as, often, we are able to identify significant evidential defects which if argued successfully could result in the case being thrown out of Court. There are a number of evidential issues which need to be dealt with at Court if the Prosecution are to stand a good chance of obtaining a conviction for driving whilst disqualified.

Magistrates' Association Sentencing Guidelines

The Magistrates' Association Sentencing Guidelines state that, where a Court is sentencing a disqualified driver, it should consider sentences from a Court fine (at the lowest end of seriousness) to 26 weeks custody (at the highest end of the spectrum). This is applied to first time offenders who have pleaded not guilty, a guilty plea can help to reduce the severity of the sentence, however previous offences can serve to exacerbate the sentence. Following an unsuccessful trial, the penalty would be higher as the Court would not award the discount on the sentence that it awards following a guilty plea. It is extremely rare for a disqualified driver to be fined as an alternative to a community penalty and to custody.

Whilst it is possible to receive 6 penalty points for this offence, it is more likely for Court's to sentence disqualified drivers to an extended period of disqualification. The Court would want very good reason as to why the disqualification should not be extended. Instructing a specialist road traffic solicitor can give you the best chance of avoiding an extended ban.

View the Carry on Driving FAQs on: Driving whilst disqualified

Contact Stephensons

If you find yourself in a situation where you have been charged with driving whilst disqualified contact our specialist solicitors to discuss your options on 0203 816 9274 or complete our online enquiry form and a member of the team will contact you.

We're widely accredited for our work - regulatory & criminal justice

  • Legal 500

It is our business to deliver legal services that work for our clients, you can trust our specialists to take care of things on your behalf. Over the years our regulatory and criminal justice team has been recognised by industry awards and accredited for their excellence.

Memberships & accreditations

9.2 out of 10
Trustpilot logo5-stars on trustpilot Based on count 547

We're Great

It is our business to deliver legal services that work for our clients, and you can trust our specialists to take care of things on your behalf.

Our Trustpilot reviews

I found them to be very efficient, organised, knowledgeable and caring. They truly care about their clients and seek to give them the best possible service and really go the extra mile.
View from a satisfied motoring offences client

Joe Colliver races at Cheltenham despite court hearing for drink driving

Jockey, Joe Colliver, has been recently charged with drink driving and was due to attend Harrogate Magistrates Court on 14th March 2019. However, also on the 14th March 2019, Joe Colliver was due to ride ‘Sam Spinner’ in the 15:30 race on...

Read more

Twitter block 1 tweet


Stephensons reports 24.02% mean gender pay gap

The national law firm, Stephensons, has reported a 24.02% mean gender pay gap for fixed hourly pay as at 5th April 2018.  The firm has reported its gender pay gap in line with the government’s gender pay gap reporting regulations and ahead of...

Read more

Motoring Offences reorder

  • Sean Joyce
  • Paul Loughlin
  • ​Neal Boland
  • Brea Carney-Jones
  • Elizabeth Groom
  • Martin Haisley
  • Emily Hill
  • Jessica Macaulay
  • Cameron Stubbs

We're always here for you

As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.

Find your nearest Stephensons office and arrange a meeting

As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.