Penalties for driving while disqualified

Hello there. Driving while disqualified is treated as a very serious matter by the courts in England and Wales. It is not just a motoring offence, it is seen as a deliberate disobedience of a court order.

Here is a simple breakdown of what happens if you sit behind the wheel and drive while you have a ban.

The legal position:
Under the Road Traffic Act 1988, driving while disqualified is a criminal offence. If the police catch you, you will be arrested and you will have to appear before a Magistrates Court. Because the courts take this so seriously, the punishments can be severe.

The possible penalties:
1. Prison. The court has the power to send you to prison for up to six months. This is a very real possibility, especially if you have committed this offence before, if you drove very soon after being banned, or if your driving was dangerous.
2. Community orders. Instead of going to prison, you could be given a tough community order. This might mean hundreds of hours of unpaid work or a curfew with an electronic tag.
3. Fines. The court can make you pay an unlimited fine.
4. An extended ban. The court will almost certainly extend your current driving disqualification, keeping you off the road for even longer.
5. Penalty points. If the court decides for some reason not to extend your ban, they will add six penalty points to your driving record. These points will be waiting for you when you eventually apply to get your licence back.

The insurance problem:
If you are disqualified from driving, your car insurance automatically becomes invalid. This means that if you are caught driving while banned, you will also be charged with a second offence of driving without insurance. This brings its own severe penalties, including extra fines and points.

What happens to the vehicle:
The police have the power to seize the vehicle you are driving there and then at the roadside. Because you cannot legally drive it away, and because it is not insured for you to drive, trying to get the car back from the police pound can be very complicated and expensive. If you cannot get it back, the police may eventually crush or sell the vehicle.

Practical next steps:
1. If you are just thinking about driving. Please do not do it. The risk of going to prison, having your car seized, and extending your ban is simply not worth the convenience of making a journey.
2. Look for alternatives. It is a good time to look into local bus or train routes, use taxis, or rely on friends and family for lifts. If you have mobility issues or live in a rural area, check with your local council to see if they offer any community transport schemes.
3. If you have already been caught driving while disqualified. Gather any paperwork the police have given you and arrange to speak to a specialist motoring solicitor as soon as possible. Because there is a very real risk of a prison sentence, having someone to speak up for you in court and explain your circumstances is vital.