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Driving Whilst Disqualified

You are guilty of an offence if, whilst disqualified from holding or obtaining a licence, you either obtain a licence or drive a motor vehicle on a road.

Defences

It is no defence that the defendant did not know of the disqualification (although it may mitigate the sentence) and it is unnecessary to prove knowledge of the disqualification.

The only defences available to you are:-

  1. Mistaken identity
  2. That you were not driving
  3. That you were not disqualified
  4. That you did not obtain a licence
  5. That you were not driving on a road

Penalty

The court can sentence up to 6 months imprisonment. Driving whilst disqualified is regarded as very serious and often leads to imprisonment. A fine of up to £5,000 can also be imposed. The court usually gives a further period of disqualification from driving, although they may instead endorse a licence with 6 penalty points.

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