If you are caught driving whilst disqualified, this offence can
only be tried in the Magistrates' Court. The maximum sentence
of £5,000 fine and/or six months imprisonment.
The Court will impose a fine, a community order or a custodial
sentence. The Court will also impose six penalty points
or disqualify you.
The length will depend on the period of disqualifiction
served:
- full ban served but no re-test taken means a low level order –
medium level order
- lengthy period of ban already served means a medium - high
level order (possibly custody up to 12 weeks)
- recently imposed ban means a high level ban up to 26 weeks'
custody
The responsibility of the defendant in the offence can help
increase or decrease the penalty. Examples are below.
Higher responsibility
- Never passed test
- Planned long term evasion
- Vehicle obtained during ban
- Driving for remuneration
Higher degree of harm
- Distance driven
- Offender caused accident
- Evidence of associated bad driving
Lower responsibility
- Defendant not present when disqualification imposed
- Genuine emergency established
