What happens if you drive when you are disqualified?

Being disqualified means you cannot drive any vehicle on any road or public highway. You are likely to be prosecuted both for driving while disqualified and driving without insurance and will probably have to attend court. Courts often impose a custodial sentence, with a six month sentence.

Is there a Defence to driving whilst disqualified?

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.

Is driving whilst disqualified an arrestable Offence?

Driving whilst disqualified is an arrestable offence so it won’t be a case of a stern ticking off at the side of the road. Offenders will be arrested immediately and then processed via the Police system which can be an alarming experience.

What is the difference between a driving ban and disqualification?

As soon as the Court imposes a ban, you are disqualified with immediate effect. You must notify your insurers of the disqualification, as if they are unaware of a ban, they could refuse to indemnify if any claim is made for your vehicle during the period of the ban, even though you are not using the vehicle.

What happens if you get caught driving while disqualified UK?

England & Wales: The maximum sentence a person can receive for driving whilst disqualified is 6 months imprisonment and/or a fine of £5,000. Penalty points for this offence will remain on a persons driving licence for 4 years from the date the offence was committed.

Can police disqualified drivers?

The law surrounding driving whilst disqualified 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.

When can you drive after being disqualified?

You must wait at least three weeks before chasing the matter up. You cannot drive until your disqualification period has ended. Once the ban has come to an end you may be able to drive, even if your physical licence has not yet arrived.

How long does a driving disqualification last?

Your ban can last: 6 months, if you get 12 or more penalty points within 3 years. 12 months, if you get a second disqualification within 3 years. 2 years, if you get a third disqualification within 3 years.

Do you get a clean licence after a ban?

Depending on the nature of a driving offence, penalty points will be imposed to identify that one has been committed. The mandatory guideline is that under the totting up system, when a ban comes to an end, a driver’s licence is returned, their slate is wiped clean and all points are removed.

Does disqualification affect car insurance?

Your driving disqualification is likely to affect your car insurance costs for five years, as insurers usually ask about any driving convictions within this period.

When can I drive again after a ban?

What can I drive while banned?

A driving ban covers all motor vehicles so you cannot drive a car, motorbike or moped during your disqualification period. If you need to travel, consider buying a bus pass or train travel card. You could also use your driving ban as an excuse to ride a bike more.

Is there CPS guidance on road traffic offences?

This guidance has now been withdrawn (February 2019). For current guidance on CPS-charged road traffic offences, please see: The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.

Is it an offence to drive while disqualified in Northern Ireland?

In Northern Ireland the driver will be committing the offence of driving while disqualified in accordance with Article 168A of the Road Traffic (Northern Ireland) Order 1981.

Can a driver serve a shortened period of disqualification?

The administration time must be kept to a minimum as the driver may serve a significantly shortened period of disqualification.

Is there a maximum fine for driving whilst disqualified?

There is no statutory maximum period of disqualification. The court should determine the appropriate level of fine in accordance with this guideline and section 125 of the Sentencing Code, which requires that the fine must reflect the seriousness of the offence and that the court must take into account the financial circumstances of the offender.