It should be noted, that the police / crown prosecution service do not need to prove that you had knowledge of your driving disqualification.  Consequently, an offence of driving whilst disqualified is committed even if you were disqualified in your absence.  A drivers ignorance as to the fact he / she was disqualified, may amount to a reason not to disqualify.

In order to be convicted, the police must prove that:

• you drove a vehicle on a road;
• at a time that you were disqualified from holding or obtaining a licence.

Sentences

This offence can only be dealt with in the Magistrates Court.  6 penalty points to be endorsed on your driving licence, or in more serious cases impose a further disqualification, and up to 6 months imprisonment and or a fine.

Defences

Defences to this offence are often factual, for example you were not the driver, or you were not driving on a road.  You may also have a defence if you were driving as an emergency or by necessity.  You must show you were driving to avoid threat of death or serious injury, either to yourself or to others.

If you are being investigated or prosecuted for any motoring law / road traffic offence, please get in touch with our motoring law specialists.