Road Traffic Law

Driving Whilst Disqualified Defence Solicitors

Driving whilst disqualified is a serious offence that courts treat as a deliberate breach of a court order. ASA Solicitors provides urgent advice and representation to minimise the consequences.

The offence

Section 103 of the Road Traffic Act 1988 makes it an offence to drive a motor vehicle while disqualified. The offence is committed where you drive during a period of disqualification imposed by a court. The fact that you knew of the disqualification is not a separate element of the offence, though it is relevant to mitigation.

How cases arise

Allegations often arise from routine police stops, ANPR alerts, or accidents. The police have powers to seize the vehicle. Being caught can also trigger proceedings to extend the original disqualification.

Defences and sentencing

Defences include a genuine belief, on reasonable grounds, that the disqualification had ended, or that you were not in fact disqualified at the material time. The court can impose imprisonment and a fine, and will almost always extend the period of disqualification.

Frequently asked questions

Yes. It is a triable either-way offence, and custody is a real possibility, particularly where there are previous similar convictions or other aggravating factors.

Almost certainly. Where the court finds the offence proved, it will normally extend the period of disqualification.

Yes. The police have powers to seize a vehicle being driven by a person they suspect of being disqualified.

Knowledge is not a defence to the charge itself, but a genuine and reasonable belief that the disqualification had ended can be relevant to mitigation and to whether the court extends the ban.

Second opinion

Not happy with your solicitor? Get a second opinion.

You have the right to change your solicitor at any stage of a criminal case. If you are unsure about the advice you have been given, or want a fresh perspective on a serious matter, our specialist criminal defence team offers an independent second opinion without charge.

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