Driving Whilst Disqualified Solicitor Birmingham

Section 103(1)(b) of the Road Traffic Act 1988 makes it an offence to drive a motor vehicle on a road while disqualified from holding or obtaining a driving licence. The offence is triable summarily only (in the magistrates’ court). The maximum sentence is 6 months imprisonment and/or an unlimited fine. The court must also impose a further disqualification.

The prosecution must prove that the defendant was disqualified at the time of driving and that they drove a motor vehicle on a road. Knowledge of the disqualification is generally presumed if the disqualification was imposed in the defendant’s presence in court, though there may be arguments where the defendant was not present when the order was made.

The Sentencing Council guidelines for driving whilst disqualified treat the case as falling into one of three categories based on culpability and harm. The starting points range from a medium-level community order (for a lower culpability case with no aggravating features) to 12 weeks custody (for a higher culpability case with significant aggravating features). Aggravating features include a long period of disqualification remaining, driving for a significant distance, previous convictions for the same offence, and dangerous driving while disqualified.

A further disqualification is mandatory. The length depends on the circumstances. David appears at Birmingham Magistrates’ Court and advises on the likely sentencing range before any plea is entered.

Defences include: a genuine lack of knowledge that the disqualification had been imposed (for example, where the defendant was not present in court when the order was made and did not receive notice); identity (where the defendant was not the driver); and challenges to the evidence of driving or the location (whether it was a road or public place). David advises on the specific defences available in each case before any response is made.

A disqualified driver will also be driving without valid motor insurance, as standard motor insurance policies do not cover disqualified drivers. A no insurance charge under section 143 of the Road Traffic Act 1988 is therefore almost always charged alongside driving whilst disqualified. David advises on both charges together and on their combined sentencing implications.