Driving Whilst Disqualified
What is Driving Whilst Disqualified?
Driving whilst disqualified is one of the most serious motoring offences and often carries significant penalties. A conviction can lead to further disqualification, substantial fines, community orders and, in many cases, a custodial sentence. The impact on employment, family life and future driving ability can be profound.
Many people accused of this offence did not intentionally break the law. Some are unaware their disqualification remains active, believe their licence has been reinstated, or have made a genuine administrative mistake. Others may have been driving due to urgent personal circumstances without fully appreciating the legal consequences.
In 2024, over 10,000 motorists in England and Wales were convicted of driving whilst disqualified, showing how often misunderstandings or lapses in communication lead to prosecution.
As specialist motoring offence solicitors, we have considerable experience defending such cases and can help you navigate this stressful situation with clarity, care and expertise.
Why Have You Been Charged?
You may face this charge if the police believe you were driving while subject to:
- a court-imposed disqualification
- a totting-up disqualification
- a disqualification for drink or drug driving
- a ban imposed in your absence due to failing to attend court
- a disqualification pending an extended retest
Driving whilst disqualified is an offence under Section 103 Road Traffic Act 1988.
Get Expert Advice Now
Our phone lines are open until 7PM on weekdays. Call now for immediate assistance, or reach out via our contact page and we’ll get back to you as soon as possible.
Possible penalties include:
- A further driving disqualification
- A community order
- A fine
- Up to 6 months’ imprisonment (and up to 2 years in Crown Court cases)
- Seizure of the vehicle in some circumstances
Because the offence is treated seriously, your personal circumstances and reasons for driving are extremely important in shaping the outcome.
What Are the Defences for Driving Whilst Disqualified?
Depending on your circumstances, several defences or mitigation arguments may apply.
Unaware of the Disqualification
• you were sentenced in your absence
• you did not receive correspondence
• the court or DVLA failed to notify you
— this may provide a defence or significantly mitigate the outcome.
Mistaken Identity
Incorrect DVLA or Court Records
Emergency or Necessity Situations
Procedural Defences
These cases often hinge on fine details, meaning early legal advice is essential.
Contact Our Driving Whilst Disqualified Solicitors Today
If you have been charged with driving whilst disqualified, it is vital to seek specialist legal guidance as soon as possible. Our experienced motoring solicitors will assess the evidence, explain your options clearly, and work to achieve the best possible outcome.
For expert legal guidance and a free initial consultation, contact Momentum Solicitors today.
Why Choose Momentum Solicitors?
Years Motoring
Defence Expertise
Our team have extensive experience and expertise in motoring law defence.
A Firm Built on
Personal Experience
Momentum was founded because Chris lived through the system himself and knows how it feels to be on the receiving end of it.
Representation
Nationwide
From London to Newcastle, we travel wherever you need us.
Free Initial
Assessment
Practical & Honest
Advice from Day One
Fixed-Fee
Payment Options
Our 4-Step Process
1
Make an
Initial Enquiry
Call us or request a call back. We listen to your situation and provide free, no-obligation initial guidance.
2
Case
Accepted
If your case has a defence or a strong mitigation path, and you choose to instruct us, we begin immediate preparation.
3
Full Case Work
& Representation
We gather evidence, analyse procedures, and build your strongest route to success.
4
Outcome
Achieved
Our goal is always the best possible result – whether that’s reduced penalties, avoiding disqualification, or having charges dismissed entirely.
