The code for driving while disqualified by order of the court
If caught driving while disqualified it will not just be a case of a slap on the wrist, it is an offence and you will be arrested for it there and then and taken to be processed within the police system.
You will now be offered bail to attend court if the custody sergeant doesn’t decide there is risk of reoffending; if they do you will be refused bail and kept at the station until the date of your hearing.
If convicted the court will obtain a report and decide whether the seriousness of your offence constitutes a prison sentence. This will not be the only information the court will take in to consideration and having a good mitigation plea can make the choice between a community order or a custodial sentence.
This is an absolute offence meaning there is no defence for it, other than proving that you are not in fact liable for disqualification. Following that the only thing you can do is to have a special reasons plea which is still a plea of guilty but if a success will result in no penalty charges.
These offences are shown on part 2 of your licence and how long they will remain, any penalty points you receive will stay on your licence for 4 years.
If you are convicted of driving whilst disqualified you should expect to see an increase on your insurance premiums this is why it is essential to obtain advice from a specialist motoring lawyer. This is where we are able to identify significant evidential defects which if argued successfully could result in the case being thrown out of Court.
There are various pieces of evidence that needs to be dealt with if the prosecution is to stand a chance of conviction, you can actually be convicted of driving whilst disqualified even if you didn’t realise that you weren’t allowed to drive, either from an expired licence or a previous ban.
As the driving offence comes with strict liability, there are a limited amount of defences, however with our Insure 365’s representation, we’ll make sure we vigilantly check all the evidence against you, and aid you with mitigation to assist in reducing any sentencing against you.