Driving Whilst Disqualified

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It is a criminal offence to drive a motor vehicle on a road whilst disqualified from doing so – Road Traffic Act 1988.

This is what is known as an “absolute” offence – simply doing the act amounts to a criminal act.  There is no need for the prosecution to demonstrate a deliberate intent.  The prosecution need only prove that you were driving whilst disqualified in order to secure a conviction.  The only available defences are necessity or duress – in other words that you were absolutely forced to drive against your will.  This is difficult to prove.

Upon conviction a court has the discretion to imprison for up to 6 months and impose a fine.  Disqualification from driving is discretionary but the award of penalty points is mandatory.

 

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Stuart Grace
Solicitor

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Christos Christou
Solicitor-Advocate

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