Miscellaneous 

Is disqualified driving a criminal Offence?

Leia Doyle

Is disqualified driving a criminal Offence?

Driving or Attempting to Drive While Disqualified Endorsements. Any person who drives a motor vehicle on a road of a particular class that that person has been disqualified from holding or obtaining a driving licence for, by order of a court of law, is guilty of a criminal offence.

What happens if you drive when you are disqualified?

Being disqualified means you cannot drive any vehicle on any road or public highway. You are likely to be prosecuted both for driving while disqualified and driving without insurance and will probably have to attend court. Courts often impose a custodial sentence, with a six month sentence.

Is disqualified the same as suspended?

Disqualification from driving is a penalty that the court can give you for an offence that is related to driving or a motor vehicle. The police can also immediately disqualify your licence if you are charged with certain drink or drug driving offences. Disqualification is similar to being ‘suspended’ from driving.

Is suspension the same as disqualified?

Importantly, once the suspension period is over, you do not need to re-apply for your licence – the suspension is simply lifted and your licence will revert to a valid one. Disqualification, on the other hand, is always a Court order. Once the disqualification is over, you will need to re-apply for your licence.

Is it an offence to drive while your licence is disqualified?

The offence of Driving Disqualified is found in section 30 (1) of the Road Safety Act 1986. It is an offence for a person to drive a motor vehicle on a highway while their driver’s licence is disqualified. Have you been accused of Driving Disqualified? You should speak with one of our traffic lawyers to get some advice about your options.

Can a disqualified driver apply to have their disqualification lifted?

To protect community safety, disqualified drivers convicted of serious driving offences are ineligible to have their disqualifications lifted. A disqualified driver who has at any time been convicted of one of these serious driving offences will never be eligible to apply to remove their licence disqualification:

How long can you be disqualified from driving after a drink driving conviction?

Similarly, since October 2011, all convictions in the District Court for drink driving offences carry a mandatory disqualification from driving for a minimum of 6 months. If a consequential disqualification order is made by a court, the driver generally has 10 days to surrender their licence.

Do you have to be disqualified for a second offence?

The automatic disqualifications and minimum periods vary by offence and increase for second and subsequent offences. Multiple disqualifications for unauthorised driving offences run concurrently, unless otherwise ordered by the court (as with other driving offences, such as drink driving).

Tips and recommendations 

Is disqualified driving a criminal offence?

Leia Doyle

Is disqualified driving a criminal offence?

Driving whilst disqualified is a very serious criminal offence and could have severe consequences. If you have been disqualified from driving, and fail to adhere to the driving ban, you will be arrested and taken to the police station where you will be questioned and detained in a cell.

What happens if you drive when you are disqualified?

Driving whilst disqualified is a very serious offence and one that carries up to 6 months in prison as well as a further period of disqualification. If you have been convicted of disqualified driving before then you are more likely to be sent to prison.

Is suspension the same as disqualified?

Importantly, once the suspension period is over, you do not need to re-apply for your licence – the suspension is simply lifted and your licence will revert to a valid one. Disqualification, on the other hand, is always a Court order. Once the disqualification is over, you will need to re-apply for your licence.

How do police catch banned drivers?

Offenders will be arrested immediately and then processed via the Police system which can be an alarming experience. You will be taken to the Police station in handcuffs, finger printed, DNA tested, searched, photographed and then held in a cell prior to a taped interview being undertaken.

Can a disqualified driver hold car insurance?

Can a banned driver insure a car? Yes. In fact, if you’re disqualified and cannot use your car, but are storing it on the road, you’ll be legally required to have insurance.

Where do I send my driving licence when disqualified?

To reapply for a photo card driving licence holder after your period of disqualification, you will need to complete the following steps: Fill in your D27P form. Enclose a payment as requested by the reminder. Send your completed application to: DVLA, Swansea, SA99 1AB.

Do I still have points on my licence after a ban?

Unlike a totting up ban, a discretionary ban is imposed for a specific offence. The period of the ban will depend on the nature of the offence, and when the licence is returned to the driver at the end of the disqualification period, any previous penalty points are still valid.