Criminal Defence Client
Driving whilst disqualified
A police officer can arrest you if they have reasonable cause to suspect you are driving a motor vehicle on a road whilst disqualified from driving.
You will be taken to a police station, your photograph and DNA taken, and you will be interviewed.
You are entitled to be represented at the police station if you are to be interviewed. Ask for GT Stewart at the police station and we can attend the police station to give you advice and assistance.
If you are charged with an offence of driving whilst disqualified your case will be dealt with at the Magistrates’ Court. If your disqualification was imposed by the court only recently, the Court will treat this as an aggravating factor and impose a sentence which may include the risk of imprisonment.
Potential Defences
- You were not driving (disputed identity)
- The driving did not take place on a ‘public’ road
- You were not disqualified at the time
If this is your first offence you will be banned from driving for a minimum of 12 months up rising to three years in more serious cases. You will also receive a fine rising to a community order or even a prison sentence in certain circumstances. You are entitled to credit off any sentence imposed if you plead guilty at the first opportunity. Your current driving ban will also be increased.
Our motoring team can provide you will all the advice and assistance you need. Contact GT Stewart on 0113 467 7360
Pre-sentence report
If you plead guilty or are found guilty, the court is likely to ask for a pre-sentence report which it will use to decide on the most appropriate sentence having regard to the circumstances of the offending behaviour and personal mitigation. This may include the option to impose a custodial sentence (prison). A well prepared plea of mitigation can persuade the court not to impose a custodial sentence.
Chambers 2025
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