Driving Whilst Disqualified Solicitors
Specialist driving offence legal team to advice and represent on Driving Whilst Disqualified cases. Top ranked law firm by The Legal 500 and Chambers & Partners.
If you are being accused or have been charged with the offence of Driving Whilst Disqualfied, then it is important you seek initial legal advice. Our specialist motoring offence team have plenty of experience at defending clients who have been charged with the offence of Driving Whilst Disqualified.
Should you wish to aquire specialist advice and / or representation for this offence, contact our Driving Offence team on 0330 818 9825 or by filling out our contact form and one of our legal team will offer an initial telephone assessment and fixed fee quoation for your case.
Kang & Co Solicitors is recognised as a leading law firm in the UK by Chambers and Partners and The Legal 500 law guides for motoring defence.
What is the law regarding driving whilst disqualified?
The offence of driving whilst disqualified is contained in section 103, Road Traffic Act 1988.
A person is guilty of driving whilst disqualified if they drive a motor vehicle on a road or public place whilst disqualified from holding a licence.
If the Court has ordered a driving disqualification, you must not drive a motor vehicle until that disqualification has been served. In certain circumstances, the Court may have also added a requirement to complete an extended re-test before driving. If the Court has ordered an extended re-test, a motorist must also successfully pass the extended re-test before driving.
The prosecution must prove that you were driving a motor vehicle and that you were serving a driving disqualification at the time you were stopped in order to secure a conviction for driving whilst disqualified.
Chambers Top Ranked Law Firm
Our law firm is ranked amongst the top tier of law firms in the United Kingdom in the category of Crime (which includes Driving Offences) by the prestigious Chambers and Partners law guide.
Legal 500 Leading Firm
The Legal 500 guide describes Kang & Co Solicitors as being “well adept at tailoring its resources to an individual case and investing heavily for the client. Legal advice is honest and the team always takes into consideration the views of the client.”
What happens if you are caught driving whilst disqualified?
If you are caught driving whilst disqualified, you may be arrested and interviewed at the police station, and subsequently charged under section 103 of the Road Traffic Act 1988.
What must the prosecution prove in order to secure a conviction for driving whilst disqualified?
In these types of cases, a person is usually stopped by the police or the police have attended the scene of a collision and a person may subsequently be arrested.
The prosecution will need to prove the following:
- There was an active disqualification in place at the time you were stopped/suspected of driving.
- Evidence that you were driving.
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Why Choose Kang & Co Solicitors?
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National Legal Representation
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No Obligation Initial Telephone Assessment
AGREED FEE DRIVING OFFENCE LAWYERS
Our Agreed Fees for Motoring Offence cases start from;
£2000 + VAT
Sentencing powers for driving whilst disqualified?
This is a very serious motoring offence that the Court can impose a severe sentence because in most circumstances a motorist has deliberately acted against a Court order and as such the sentence must reflect the seriousness of breaching a Court order.
If you are found guilty of driving whilst disqualified the Court can impose 6 penalty points onto your driving licence however, in most circumstances the Court will usually impose a further period of disqualification. The duration of the additional disqualification will depend upon the specific circumstances of the offence having taken into account the aggravating and mitigating features put before the Court.
It is not uncommon for the Court to impose a custodial (prison) sentence for the offence of driving whilst disqualified. The Court has the power to impose a prison sentence of up to 6 months, for this reason, it is crucial that anyone charged with this offence is represented at Court by a specialist driving offence solicitor or barrister.
*Disqualification To determine the overall period of disqualification –
1) determine the appropriate period of disqualification for this offence from the table above;
2) add any unexpired period of disqualification as at the date of sentence for this offence;
Where immediate custody is being imposed (for this or any other offence sentenced at the same time), to ensure that the offender serves all of the period of disqualification imposed for this offence once released from custody –
3) add a period of disqualification equivalent to half of the custodial sentence imposed. See the guidance on extending disqualification when imposing custody
Aggravating features of driving whilst disqualified
- Period of time since the driving disqualification was imposed
- Carrying passengers
- Driving for reward
- Significant distance driven
- Evidence of bad driving
Mitigating features of driving whilst disqualified
- Genuine emergency
- Remorse
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