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The defendant was driving or in control of a motor vehicle

The defendant was under a legal disqualification at the time

Proof beyond reasonable doubt



Relevant Legislation:

  • Road Traffic Act 1988

  • Road Traffic Offenders Act 1988

Maximum Penalties:

  • Up to 6 months’ imprisonment

  • Fines up to £5,000

  • Extension of current disqualification period

Key Legal Definitions:

  • Disqualified driver: someone prohibited from driving under a court order

  • Driving: operating or attempting to operate a motor vehicle on a public road

The Law

Driving Whilst Disqualified

Driving whilst disqualified occurs when a person operates a vehicle during a period of court-imposed driving ban.
This offence carries serious penalties, and early legal advice is essential to reduce fines, avoid imprisonment, and protect future driving privileges.

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What the Prosecution Must Prove

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How We Defend These Cases

  • Verify the validity and details of the disqualification

  • Challenge evidence and procedural errors

  • Represent clients at Magistrates’ or Crown Court

  • Negotiate alternative penalties where possible

  • Advise on implications for future driving and legal record

Common Evidence Used in These Cases

  • DVLA records of disqualification

  • Witness statements or CCTV/dashcam footage

  • Police observations at the time of the offence

  • Vehicle registration and ownership checks

Common Problems in Prosecution Cases

  • Incorrect disqualification records

  • Misidentification of the driver

  • Errors in police reporting or evidence collection

  • Procedural failings during arrest or investigation

Potential Defences

  • Mistaken identity or vehicle misattribution

  • Emergency situations or necessity

  • Procedural errors in the imposition of the disqualification

  • Challenge reliability of police evidence

Sentencing and Possible Outcomes

  • Custodial sentence, fines, and extended disqualification depending on severity

  • Early legal intervention can influence sentencing and potential mitigation

  • Mitigating factors, such as necessity or minor infringement, may reduce penalties

  • Experienced defence can protect future driving privileges

Why Choose ASL


We are committed to delivering consistently strong results rooted in legal expertise and proven advocacy.

Experience

Our solicitors and advocates have extensive experience in Criminal Defence, Family Law, Road Traffic Offences, Immigration, and Civil Litigation.

Success Rate


We are proud of our strong record in achieving favourable outcomes in complex & high-stakes cases, from serious criminal allegations to sensitive family matters.

Client Care Standards

Your case is handled with dignity, respect, and complete confidentiality. We provide:

  • Clear communication without legal jargon

  • Regular case updates and guidance

  • Support through every stage of the legal process

Fast, confidential support when you need it most.

Get Legal Advice in Minutes

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