Driving Whilst Disqualified or Banned
Have you been accused of driving while disqualified or banned? Are you concerned about what might happen next? Our motoring offence solicitors have substantial experience in supporting individuals who are facing an accusation of driving while banned and are on hand to provide robust representation and legal defence.
Driving whilst disqualified is a serious criminal offence. J D Spicer Zeb Solicitors can provide representation at the police station if you are due to be interviewed. Just ask for us.
If you are charged with driving whilst disqualified, your case will be heard at the Magistrates’ Court. If the court finds you guilty, this can lead to severe penalties, including a six-month prison sentence, six penalty points on your driving licence, an extended period of disqualification and a fine of up to £5000. So, if you are accused of such an offence, it is vital that you seek legal advice at the earliest opportunity to reduce the impact on you and your family. In every case the court must endorse and may disqualify. If not disqualifying, the court must impose 6 points.
Get in touch
There is limited recourse for you if you are falsely accused. Click a selection of the cases we have covered. The best thing you can do is to instruct an excellent solicitor from the outset.
At JD Spicer Zeb Solicitors, we understand how daunting it can be to face an accusation of driving whilst disqualified. As such, our motoring offences solicitors are on hand to provide immediate support and representation, helping you to avoid charges, or minimise certain penalties if conviction is unavoidable.
Our highly qualified dangerous driving solicitors offer:
- 24/7 legal support in person and over the phone, 365 days a year
- Representation anywhere in England and Wales
- Accredited Police Station Representatives to support you during a police interview
- Clear, effective legal advice in any language (see our languages spoken)
Whether you have been accused of driving whilst banned, have been arrested, charged or released on bail or under investigation, get in touch with our motoring offence solicitors as soon as possible.
How can we help?
We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.
How quickly do you respond?
We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.
Can you get cases dropped?
We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.
Have you won any awards?
OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED -
"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".
Do you offer free consultations?
Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –
- Whether we can take the case on and our relevant experience.
- Public and private funding benefits.
- Assistance in applying for legal aid where we are likely to accept instructions.
- An outline of options in police interview only. We will not advise you on which option to adopt.
- Providing our free written guide explaining the police station process.
- The gravity of routine and day-to-day offences you face.
- Consequences of not attending the court or police station.
- Consequences of interfering with any witnesses.
- Retaining any evidence in support of your case.
- If possible an outline of the elements of the offence that the police or CPS must prove.
- This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
- Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.
Consultations do not apply to the following cases –
- If we do not intend to take the case on.
- Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
- In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
- Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
- The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
- The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
- In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
- If your relationship has broken down with your existing solicitor or several solicitors.
- If you have been released under investigation and have already had a police station attendance.
- If you hold legal aid with another firm and seek a second opinion.
- If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
- To businesses.
- Advising whether you were given good advice by your other solicitor.
- Whether to decide to plead guilty or not guilty.
- Whether you have an arguable defence in law or factually complicated defences.
- Any advice you have had after your first court appearance.
- Any advice on appeal on conviction or sentence.
- If we feel we are unable to communicate with you.
- If we are likely to be conflicted or breach our professional rules.
Speak to our driving whilst disqualified solicitors in London, Manchester and Birmingham today
For an initial consultation on your legal position and the available options, please call 020 7624 7771.
For urgent advice at any time of day or night, please call our emergency number 07836 577556.
Our driving whilst disqualified solicitors can represent you at Willesden Court if you are due to make an appearance there. This means that our costs will likely be lower, as we are a local firm to the court.
Our driving whilst disqualified or banned expertise
Defending allegations of driving whilst disqualified
If the police are able to prove that you were driving a vehicle and, at that time, were also serving a driving disqualification, then you could face a range of potential punishments.
In many instances, there are limited defences to driving whilst disqualified, as it is considered an ‘absolute offence’. However, that is not to say that avoiding prosecution is impossible.
For example, depending on your circumstances, it may be possible to put forward a defence that proves you were not the person driving at the time, you had sufficient reason to believe that you were not disqualified, or that driving was unavoidable (such as if there was a medical emergency).
Our motoring offence solicitors can work alongside you to help build a robust defence against allegations of driving whilst banned, carefully investigating your situation to reach the best possible outcome. This will be through both police station representation, or court representation if you have been charged. For example, if you risk facing a driving ban, our experienced solicitors can provide a plea in mitigation, which goes beyond proving the ban would be inconvenient for you. In every case the court must endorse and may disqualify. If not disqualifying the court must impose 6 points.
Committing additional offences whilst disqualified
If you have been arrested for driving whilst disqualified, it may be the case that you have also been accused of committing additional motoring offences, such as driving without insurance, or dangerous driving.
If the police are able to charge you for additional offences, alongside driving whilst disqualified, the penalty you could receive will, unsurprisingly, be much more serious.
Our motoring offence solicitors can carefully evaluate your situation and the potential offences you are facing, assessing what the best possible outcome might be for your situation and taking every step to achieve it.
Why choose our driving whilst disqualified solicitors?
If you have visited the police station, or you are due to make a court appearance, for driving while banned, it is absolutely essential that you seek legal advice from specialist motoring offence solicitors as soon as possible.
When faced with an allegation of driving whilst disqualified, you will have the option of using a duty solicitor to represent and defend you. However, this is not likely to be the most efficient approach, as duty solicitors may not have a detailed enough understanding of motoring law to provide effective advice and guidance.
Our motoring offence solicitors have years of combined experience in handling matters related to driving whilst disqualified and, as such, can use our substantial expertise to carefully guide you through what steps you need to take. For example, a well-prepared plea in mitigation by our solicitors can persuade the court to not impose a custodial sentence.
When instructed, our team will take you through the entire process with clear, straightforward advice that allows you to understand your situation, rights, options and potential outcome.
Our dedicated driving whilst banned solicitors are readily available to act in your defence, around the clock – including on weekends and bank holidays.
Our team can also represent you at Willesden Court if you are due to make an appearance there for driving whilst disqualified. This means that our costs will likely be lower, as we are a local firm to the court.
Funding your motoring law defence
Funding police station representation
If you have been arrested, or are facing interview under caution, for driving whilst disqualified, you will always be entitled to receive free legal representation. You can decide whether you want to work with a duty solicitor or one of your choosing, and the support you receive is not means-tested.
Funding your legal defence if you are prosecuted
If you are charged with driving whilst disqualified, you may be able to have some or all of your legal defence covered by a ‘Representation Order’. This is also commonly referred to as ‘legal aid’.
The level of financial assistance you receive for your case and the method you choose to make an application will usually depend on the type of court the prosecution for driving whilst disqualified is due to take place in.
You will also have the option of self-funding your legal representation for driving whilst disqualified. If this is the approach you would like to take, we will be able to clearly explain all of the associated costs and our fee structures. Regardless of whether you receive legal aid funding, any contribution you make to your legal defence will be refunded if you are found not guilty.
Frequently asked questions about driving whilst disqualified or banned
What happens if you get caught driving whist disqualified?
If you are caught driving whilst disqualified, the police will arrest you and take you to the police station, where they will hold you in custody until you are interviewed.
While you are held at the police station, you are entitled to free legal representation, which our solicitors provide, ensuring that you are able to effectively respond to any questions asked and ensure that you do not say anything that could potentially incriminate you.
From here, you will either be released, or be handed a court summons to attend a hearing. The court will consider your case and decide whether to impose a penalty.
Can you be imprisoned for driving whilst disqualified?
Potentially. The severity of the penalty you receive for driving whilst disqualified will depend on a number of factors, but there is always a possibility that you will receive a prison sentence.
The maximum prison sentence you are likely to receive for driving whilst disqualified is six months but, naturally, if you have been found guilty of committing any additional motoring offences, this sentence could increase.
Is there a defence to driving whilst disqualified?
As driving whilst disqualified is an ‘absolute offence’, it can sometimes be difficult to launch an effective defence. But, under certain circumstances, it may be possible to avoid prosecution.
There are various potential defences which could be explored, depending on your situation. For instance, you may be able to show that:
- You were not driving at the time of the arrest
- You had sufficient reason to believe that you were not banned at the time of your arrest
- You had a genuine reason for driving (such as responding to a medical emergency)
- You were not on public property on the time of your arrest
It goes without saying that, to effectively use one of these defences against driving whilst disqualified, you will need to rely on solid evidence, and the support of an expert motoring offence solicitor who can inform you of the most appropriate course of action.
Contact our driving whilst disqualified solicitors today
For urgent specialist advice, immediate representation or to speak to our solicitors in London, Manchester and Birmingham confidentially about driving whilst banned, please call 020 7624 7771 or email email@example.com.
Alternatively, you can fill out our quick online enquiry form and we will get back to you quickly.
For immediate representation and advice, call our emergency number 07836 577556 and we will provide you with the urgent assistance you need.
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