The police are entitled to arrest any driver who they have reasonable grounds to suspect is disqualified from driving. Nowadays nearly all police cars in the the UK are fitted with a Vehicle Registration Recognition System and can establish who a vehicle is registered to, whether it is taxed, has a valid MOT and is insured.
Driving while banned is viewed by courts as a serious offence and conviction can result in a lengthy custodial sentence, as such it is vital that any person charged with this offence receives legal advice and representation from a motoring offence solicitor with a strong and demonstrable track record of defence and mitigation.
Oratto is a free service which allows you to identify the motoring defence solicitor who is best suited to your case. Simply search through our member profiles or try our Match Service so that we may pair you with lawyer best placed to help you in your particular circumstance..
Defence, conviction and sentencing
Courts categorise driving while banned as an "absolute offence". This means that unless you can prove that you were not disqualified or were not driving, it may be impossible to mount a defence. However, if can prove that you were unaware of the disqualification, the prosecution could be dropped, although this is a very unusual situation.
Courts may impose sentences of up to 6 months in prison and have the power to extend periods of disqualification from 12 to 18 months; fines of up to £5,000 may also apply. However, in some first offence cases the court may show some leniency and look to impose one or more of the following:
- A community order with supervision
- Unpaid work
- An electronic monitoring order (electronic tagging)
In cases when a driver has received a previous conviction for driving while banned a custodial sentence is much more likely. However, the severity of punishment will depend on a number of factors inherent in the case together with the individual personal circumstances of the defendant.
In such proceedings successful mitigation will depend on the arguments presented by the defendant's motoring defence solicitor – good representation is key to a positive outcome.
Oratto motoring defence solicitors
Oratto empowers you to make informed choices about your legal representation.
Give yourself the best possible chance of a successful defence, or mitigation, of driving while banned charges by searching for a solicitor by location or area of specialism today.