Road traffic
Drive whilst disqualified
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Unlimited fine and/or 6 months' custody
Actus reus
- A person disqualified from holding or obtaining a licence drives a motor vehicle on a road (RTA 1988, s.103(1)(b)).
Mens rea
- The prosecution must prove driving while a disqualification was in force. Whether lack of knowledge of the order assists is fact-specific — read the statute and current commentary rather than treating it as strict in every case.
Defences
Not driving / not the driver · Not a road · No valid disqualification in force at the time
Sentencing Council
Sentencing Council guideline effective 24 April 2017. Offence range: Band C fine to 26 weeks' custody.
At the police station
Ask for the order dates and proof of driving (officer observation, ANPR, CCTV). Obligatory disqualification, if it applies, is a special-reasons argument under the Road Traffic Offenders Act 1988, s.34 — not a totting-up hardship application.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Road Traffic Act 1988, s.103 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗