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Driving while Banned or not Qualified

By: Tracy Wilkinson - Updated: 14 Feb 2018 | comments*Discuss
 
Banned From Driving Driving Disqualified

If you are convicted of a serious offence and are banned from driving, then you are disqualified immediately. The Court that decided to ban you will take your driving licence and will send it to the DVLA along with detailed information regarding the length of your ban.

Insurance

It's up to you to tell your insurance company that you've been banned. If they don't know you've been banned, they might refuse to pay up for any claim that is made on your vehicle during the period of disqualification, even if it is someone else who is driving, or if your car is damaged while parked up.

When the Ban is Over

When your disqualification expires the DVLA will send your driving licence back to you. Details of your ban will be on your licence and unless you have been told that you need to take your driving test again, you are free to drive again straight away.

Legal Implications

If you received a driving ban after committing a number of smaller offences and having them 'totted up', or receive an instant disqualification for something like excess speeding, then you won't receive a criminal record. If you were banned following a serious arrestable offence, such as death by Dangerous Driving, drink driving etc, you will get a criminal record, and this will stay with you after your disqualification has been lifted.

During your ban you will not be allowed to drive any kind of vehicle – just because you were stopped driving a van does not mean you can then ride your motorbike – a ban covers all vehicle categories. Neither will you be able to hire or drive a car abroad, as the DVLA will keep your licence until your disqualification period has been completed.

What Happens if I'm Caught Driving Without a Licence?

Now the police have access to the Automatic Vehicle Registration Recognition System it is ever more likely that banned drivers will be stopped. The cameras fitted to the patrol cars can scan the registration numbers of vehicles, then the DVLA database can tell them if it's insured, MOT'd, taxed and most importantly in this case - the registered owner of the vehicle. If there is any question on the legality of the car or the driver, then the police will stop the vehicle and do their regular checks.

If you are caught, Driving While Under a Ban is an arrestable offence which is not something that the police will take lightly. You will be arrested immediately and taken back to the police station where you will be processed - including finger printing, DNA testing, being searched and photographed, then held in a cell and interviewed on tape.

You may or may not be bailed to go to Court, and if the police officer in charge of the station decides that you may commit another offence then he or she can decide to refuse you bail and keep you at the station until your court appearance.

Consequences

At this stage a prison sentence is likely - especially if the court feels that you have been disrespectful of the law by ignoring your original ban. If they decide to imprison you, this will take place immediately. Instead of a custodial sentence, the court can choose to issue you with a community service order, but in both cases you are likely to be fined and your disqualification period will probably be extended.

In your Defence

In most cases there isn't really much you can do if you are caught driving whilst banned. The Court will go ahead with their prosecution on the basis that as you were already disqualified from driving and understood the terms of the ban. Regardless of this you then made a conscious choice to drive and having done so deserve to face the full penalty as far as the law allows.

Driving Without a Licence

It's not just banned drivers who can fall foul of the law - new drivers can also be caught out too. In the UK it's a crime to drive on a public road if you don't have a driving licence.

To make sure that as a learner driver you don’t get caught out – remember that you need to have 'L' plates on your vehicle and be supervised by a person over 21 years old who has held a driving licence for 3 years . To drive on a public road without the following these guidelines is breaking the law and if caught doing so you will be punished and could risk losing your opportunity to get a full licence.

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Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Lee - Your Question:
I’ve got a provisional license my partner has been teaching me to drive for over a year but she has recently been disqualified can she sit beside me

Our Response:
No, the person supervising a driver on a provisional licence must have a full, valid driving licence and have held it for at least 3 years. They must also be over the age of 21.
NoPenaltyPoints - 16-Feb-18 @ 3:28 PM
I’ve got a provisional licensemy partner has been teaching me to drive for over a year but she has recently beendisqualified can she sit beside me
Lee - 14-Feb-18 @ 8:43 PM
Peace- Your Question:
I have 9 point on my license for speeding, got caught for no insurance. Before my court appearance, I got caught twice same week for speeding. What is my fate?Kind regards

Our Response:
It's pretty reasonable to say you'll lose your licence.
NoPenaltyPoints - 2-Feb-18 @ 10:17 AM
I have 9 point on my license for speeding, got caught for no insurance. Before my court appearance, I got caught twice same week for speeding. What is my fate? Kind regards
Peace - 31-Jan-18 @ 9:59 AM
What will happen police stop I was ban from driving for 6 month just 2 month was left and my ban gonna be finsh wandering what gonna happen next police officers gonna take me in court
Shani - 8-Dec-17 @ 7:13 AM
I was driving with a provisional driving licence a old man hit a woman in the car in front and I went into the back of the old man he said I failed to stop and give details which i have a witnes with ccTV seeing me pull over I think it's disgusting because I was the person at the back I'm at fault ??,!
Jd - 10-Nov-17 @ 6:26 PM
Hi, I got stopped for drink driving and got disqualified and a fine. Two weeks later I hit a car who wrongly turned before me in a roundabout. It was really her fault - however as I'm disqualified and therefore have no insurance I don't know what will happen. The accident wasn't large, and only caused minor scratches on the others car. I now have to appear before the magistrates court. I'm currently a student and am living of friends as I am completely a broke student (moved to a different city in UK).I spoke to my university and they said they will not withdraw me due to this.. so thank god! I just wanted to know whether i will be given a sentence or just a fine ?
A123 - 25-Oct-17 @ 10:47 PM
My step son was caught drink driving about 15 to20years ago and banned no license no insurance does the ban start when he passes his test and gets a full licence
Piprich - 22-Oct-17 @ 1:11 PM
James - Your Question:
I'm on a driving ban, but I drove and got flashed , what will happen next

Our Response:
If your vehicle was caught on camera, you will be sent an NIP asking for details of the driver. Once you respond it's likely that your case will proceed to the courts and you may be fined, your ban extended and possibly a prison sentence etc.
NoPenaltyPoints - 9-Aug-17 @ 2:46 PM
I'm on a driving ban, but I drove and got flashed , what will happen next
James - 8-Aug-17 @ 9:49 PM
I am disqualified for drink drive case about 15months and now I have finished ban and I got my license this week. My question is do i need to take theory and practical test again ? When I rang DVLA they said that court haven't send any notifications to them about it and i am allowed to drive straight away. Can someone please explain this ? Thanks Np
Np - 22-May-17 @ 6:51 PM
recently got a 6month ban on the 13/12/16 so i paid the correct fee and just received my license as i only have three weeks to go but one of my traffic offences was commeted on the 31/7/16 for speeding of some sort so nearly a year down the line they have decided to ban me again surley if this offence was comited before my previous bann how can they wait till my bann is nearly up advice urgently need
joohn - 21-May-17 @ 4:11 PM
Speeding in my car doing 200mph plus!!!, police could not catch me and neither could the helicopter. What's the chance of a ban?
Rallyman - 29-Apr-17 @ 11:54 AM
Got caught with hands down my pants, what's the chane of a ban?
Freddy - 29-Apr-17 @ 11:50 AM
Got snapped by mobile van cam, so went back week later with me van and winch and hooked the van like a fish and dragged it down the road! will i get a slap on the wrist for this?
Mr Piggy - 29-Apr-17 @ 11:42 AM
Im banned and was was speeding and seen a mobile camera van and it definitely took a picture of me so I turned around went back and then banged on the side of the van and asked them politely not to be taking pictures of me and they said they can, so I then got there van key then I drove there van to a known quarry and jumped out like a action hero and let the van sink in the swamps. Will I get a slap on the wrist for this!
Sparks - 29-Apr-17 @ 11:39 AM
I am close approaching the end of my ban of 17 months for drink driving. When I get my licence back will the date show as the original date I received my licence or the date I received my licence after the ban. I will be looking to rent a vehicle and know that I would need to have a licence for at least a year. Many thanks!
Gary - 1-Feb-17 @ 12:41 AM
Sam - Your Question:
Today I was pulled up by a police officer,I am 17 have a ban currently had no insurance or tax,failed to stop and assaulted a police officer apparently!will I get a sentence at a magistrates court

Our Response:
You'll definitely receive a court summons for this. We don't know what the sentence will be but it could involve a large fine, plus a lengthening of the existing ban, possibility a prison sentence/community service etc
NoPenaltyPoints - 24-Jan-17 @ 11:35 AM
Today I was pulled up by a police officer,I am 17 have a ban currently had no insurance or tax,failed to stop and assaulted a police officer apparently!will I get a sentence at a magistrates court
Sam - 22-Jan-17 @ 2:00 AM
Hi,just got the driving licence and by mistake I have pass through red light and seen the camera flashing ,I have pass the driving test two months ago so I would like to know if my driving licence will be ban or I would get just points and sorted with one day course. Thank you!
GC - 11-Jan-17 @ 10:32 AM
I was stopped 5 months ago for expired provisional licence no valid insurance and speeding 40 in a 30 zone. I passed my test 2 days ago and the next day a summons came through. Will they revoke my new licence? I accept a fine and points but will I have my licence revoked?
Nickigee - 16-Dec-16 @ 11:14 AM
I got caught driving with an expired provisional licence no valid insurance and speeding 40 in a 30 zone. That was just over 5 months ago. I passed my test 2 days ago and the next day a summons came through. Will they revoke my new licence? I accept a fine and points just dont want to loose my brand new licence.
Nickigee - 16-Dec-16 @ 11:10 AM
Stopped by police no licence, no insurance, no tax or motor also under the influence of alcohol in possession of canalised,will this be a prison sentence
Shell - 6-Dec-16 @ 7:56 PM
I got stopped for driving without insurance while I was on my way to work. Apparently the car was insured in someone else's name but I bout temporary insurance and checked online to see if the car was insured. After I suspected that my temp insurance was finish I checked online to confirm this but I saw that the car was still insured. I had to go to work and had no other means or ways of getting to work so I decided to drive believing that my car was insured in my name even tho the temp cover was supposedly finish. The police pulled up beside me at a stoplight and looked inside my car, I was listening to music and was minding my own business they then proceded to follow me in traffic. As I was parking go go to work they flashed they're lights and came to my car asking for my license and if it was my car. I bought the car 4 days prior the incident and insure it on the same day to drive it back to my place, they checked everything then proceded to search my car because they saw a razor blade which one of the officers claimed that they are used to separate hard drug lol. I bout the car exactly like that and didn't have the time to sort everything out as I worked night shifts 5days a week. The pulled up everything in the car and didn't find anything. They then decided to seiz my car for no insurance I stated that I was homeless which I was I had my clothes in the booth I was living out my car and sleeping on my friends couches but with no sympathy what so ever for a young black male who is try not to take a different more darker route in life the still took my car with and tried to take my bags of clothes from the car while the other police officers looked and smiled I told him to put my clothes back in the boot as I was going to claim my car/houseback from the police pound I stated that I did not have a fixed address and he to me I was supposed to collect it from the address that was on my license are they even allowed to do that? I am now stuck between a rock and a hard place because there is no way of me getting my court summons and I'm afraid to drive with insurance on my car he told me if I don't find some way of getting my summons that I'd be wanted on their system. But I guess that's how it is in this country.
Gregg - 26-Sep-16 @ 11:06 AM
Loopy - Your Question:
My 17 year old son has a provisional licence was stopped by the police on mopped he had recently purchased as he was leaving a petrol station for none display of L plates,he admitted to having no tax,mot & insurance !!!!, The bike was seized he told the police he didn't want the bike back,we arrange to have the bike destroyed at a cost of £50 Payed to the police, He was given a vehicle seizure proforma and witness statement when the bike was seized.I would just like to know do you have any idea what happens next, should he expect to get his licence revoked,points go to court or all three,I'm so disappointed in him he didn't have any consideration what would happen if had had an accident and damaged someone else's vehicle or even taken there or his own life,thankfully none happened, unfortantly for him he was getting a bike for his 18th. Not now !!!!!!!! how long do these things take to process ? Thank you

Our Response:
The penalty for driving without insurance is rightly quite hefty; between 6 and 8 points and an unlimited fine, with potential for discretionary qualification. Driving without tax and MOT will also incur fines but not points.
NoPenaltyPoints - 12-Sep-16 @ 12:48 PM
My 17 year old son has a provisional licence was stopped by the police on moppedhe had recently purchased as he was leaving a petrol station for none display of L plates,he admitted to having no tax,mot & insurance !!!!, The bike was seized he told the police he didn't want the bike back,we arrange to have the bike destroyed at a cost of £50 Payed to the police, He was given a vehicle seizure proforma and witness statement when the bike was seized. I would just like to know do you have any idea what happens next, should he expect to get his licence revoked,points go to court or all three,I'm so disappointed in him he didn't have any consideration what would happen if had had an accident and damaged someone else's vehicle or even taken there or his own life,thankfully none happened, unfortantly for him he was getting a bike for his 18th.Not now !!!!!!!! how long do these things take to process ? Thank you
Loopy - 9-Sep-16 @ 9:44 PM
My son took my car without permission as I was asleep after doing 7 night shifts he needed to get t work n he had no other way of getting there ? Cut a long story short someone told the police n he got pulled up ! He's been to see a solicitor and is up court on 25 August I am past myself as he could lose his job everything it was s stupid mistake because he panicked about getting to work ! I know he's been very silly but will the magistrate look at his job as he will lose everything ? He's very remorse and can't believe he did it but too late now will the court possibly give him a jail sentence or a suspended sentence a solicitor is costing £500 ! Please help
Susie - 12-Aug-16 @ 10:50 PM
Im 17 years old and just got stopped my police for having no license or i surance, they said im going to have 12 points on my license... What the hell am i going to do now, i have court hearing when i send the letter
Adz - 6-Aug-16 @ 3:51 AM
I've got caught driving while disqualified by the court can you tell me what possible will happen?
Tamy - 21-Jul-16 @ 1:28 PM
Hi, I was caught driving on a provisional licence last night. I was at a party andI've had a bit to drink and smoke as well. I admitted taking cannabis and I tested positive to the drug test. Last time I smoked cannabis was about 4,5 months ago. Not really a smoker. So I'm going to get done for two offences; drug driving and driving with a provisional license. Even though I've been driving for about 11 years, though in another country. What are my chances? I don't want to go to jail and I don't want an heavy ban either.I will lose my job if I didn't drive and I've got my driving test coming up in two weeks.
Fiz - 19-Jul-16 @ 4:39 PM
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