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Driving Whilst Disqualified

By: Jack Claridge - Updated: 15 Feb 2016 | comments*Discuss
 
Driving Whilst Disqualified Banned From

If you are driving whilst disqualified the likelihood is that you have lost your licence as a result a previous motoring offence. If this is the case and you are driving without a licence then not only are you putting yourself and other people on the road at risk, but you are greatly increasing your chances of receiving a custodial sentence if caught.

Chances of Being Caught Driving Whilst Disqualified

The chances of being caught driving whilst disqualified are uncharacteristically high. The Police - using a system referred to as the Automatic Vehicle Registration Recognition System (AVRRS) - can check on the owner of any vehicle detected by the system. If the vehicle shows up as having had an offence registered against the owner, then the police have grounds to stop the vehicle - especially if the owner has been banned from driving. This is circumstantial law - there generally there will be a high probability that the driver of the vehicle will be a disqualified driver.

What Happens if you are Caught Driving Whilst Disqualified?

Quite simply you will be arrested on the spot and the vehicle you were in charge of will be impounded. Potentially that vehicle may be removed from your possession and can either be auctioned off or destroyed depending on the will of the court.

Once arrested you will be processed through the system in the same manner as any other criminal; you will have your fingerprints taken and will be searched and photographed and held in a holding cell whilst waiting to be interviewed.

The interview will be recorded as an audio statement - a transcript of the tape is also made. At this point you will be asked if you would like to make contact with a solicitor if you have one. You may proceed without a solicitor if you wish, or you will be asked to wait until the duty solicitor becomes available.

You may be bailed by the police to appear before a magistrate and failure to do so will result in an automatic arrest warrant being issued; this may involve the police coming not only to your home but also to your place of work. If there is reasonable doubt that you may commit further offences whilst on bail, you may be refused bail and remanded in police custody until your hearing.

What is the Penalty for Driving Whilst Disqualified?

The penalty for driving whilst disqualified can be very severe - especially if you have already been disqualified by the court for a motoring offence. If this is the case then there is a very real possibility that you could find yourself serving a custodial sentence. If a prison sentence is handed down then you could be taken to prison directly from court.

If a prison sentence is not imposed then it is likely that a community service order will be put in place, as well as an additional hefty fine and also an extension to your original ban.

You should also be aware that once your period of disqualification has been completed you will have to go before a magistrate again in order to have your Licence Reinstated. Your insurance premiums will increase considerably as a consequence of driving while disqualified as insurance companies will see you as a high risk.

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Share Your Story, Join the Discussion or Seek Advice..
Hi, I have been disqualifed for 9 months for a first offence drink drive. My wife has a heart condition which could require me to get her an A&E at short notice. If the only way was for me to drive her their what would the courts position be if I was stopped by the police? Are genuine emergencies any exception to driving whilst disqualified? Obviously most people wouldput their spouses well-being health above all else. KR R.
Renner - 15-Feb-16 @ 5:29 PM
What is the average extension on road ban for driving while disqualified!!!!
jamesy - 12-Mar-13 @ 4:55 PM
listen to the police all the time don,t get in trouble
lou - 7-Nov-12 @ 7:12 PM
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