Driving Whilst Disqualified
What is the penalty for driving whilst disqualified?
Driving whilst disqualified is a serious offence. Those convicted usually receive a community penalty (which can include unpaid work, curfew and probation appointments) or up to 6 months imprisonment. Additional disqualifications can also be imposed.
The penalty varies depending on the circumstances of the offence. Aggravating features such as previous convictions, how soon you drove after the disqualification and the manner of driving will increase the severity of the penalty.
I am facing a charge of driving whilst disqualified but my period of disqualification had expired.
You may be committing an offence if you were disqualified until you pass an extended driving test. In those circumstances you are allowed to obtain a provisional licence after the initial period of disqualification ends but you must drive in accordance with the rules relating to provisional licence holders until you pass the extended test.
You may be guilty of driving otherwise than in accordance with a licence if your disqualification has expired but you have failed to apply to the DVLA for your licence to be reissued.
I was driving on private land is this a defence to driving whilst disqualified?
You may have a defence if you were driving on private land, however whether you can successfully argue this defence will depend on the circumstances. The test is whether the public had access to the land. Should you intend to rely upon this defence we would recommend you obtain legal representation.