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Driving while Banned or not Qualified

By: Tracy Wilkinson - Updated: 20 Apr 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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[Add a Comment]
Hi I got caught driving without a licence back in 2014 I got banned for 3 years my ban should be up in June but I never actually recived any letters or anything stating when my ban will be up and I can't check on the DVLA website because I've never had a licence so I have no licence number. My question isis there any other way for me to check and will my endorsements be on my licence when I actually can get one I'm sat here wondering if I ever was banned lol . Ps it was crown court who banned me
Jordan - 20-Apr-18 @ 3:21 AM
Hello, I been baned for drinking driving for 18 months , done the course and still got 25 days left on my ban but got caught yesterday when I was driving to work. What consequence I gonna face off at court? Do I gonna get another ban ?
Alfi - 14-Apr-18 @ 4:07 AM
Hi, I have a similar situation to ma0910. My husband is banned from driving for a year. But he had driven the car on the day this incident happened. Basically, the car was parked on an edge of a street. While he was reversing back, (only moved about 2 metres), a car turned into the road and bumped into him. Even though I think it was the opponents fault, my husband did not argue because of his ban. The lady took his details. The car is fully insured and taxed under my name as I drive it. Now I have recieved a notice of allegation for careless driving by the driver of the vehicle. What is most likely the consequences? When investigating, will they also look into the past and investigate whether he's driven before the incident?
Ayesha - 14-Mar-18 @ 6:46 PM
ma0910 - Your Question:
Hi. A friend of mine has been caught drunk driving and he had other minor offences and in December 2017 he went to court and he was banned from driving for a year and he got a fine of £500. He changed the car on someone else’s name, because he said he ain’t gonna use it anymore anyway. However, a few days ago he took the car and went to the petrol station to put some petrol in it so he can start the engine every 2-3 days so the car will keep having full battery. On his way back home (the petrol station is only 3 mins away from home), he crashed into someone that had speed. From what he told me, it would have been the other person’s fault, however the other person asked for name, date of birth and address of the driver. He gave the details. He didn’t force the note even if it was the other person’s fault because he knew he is not clear and he said that he was guilty as well because he didn’t assure. However, the car has no Insurance, no MOT, no Road Tax and as I said he doesn’t have a driving licence either. What is most likely to happen?

Our Response:
He will receive a court summons a judge will look at each individual offence and the combination. Standard penalties for each are as follows:
Driving while disqualified:Unlimited fine, up to 26 weeks’ custody. Driving without insurance: Unlimited fine - further ban Driving without tax/insurance - unlimited fine etc etc
NoPenaltyPoints - 14-Mar-18 @ 12:32 PM
Meetz - Your Question:
I got pulled over by cops and got my car siezed because I have Indian and international license. But they are not valid after 12 months of residence.I have provisional license.What possible charges and fines will I be faced with ??

Our Response:
The fine can be up to £1000 with a penalty points between 3 and 6 points (which would remain on your licence for up to four years).
NoPenaltyPoints - 14-Mar-18 @ 12:25 PM
Hi. A friend of mine has been caught drunk driving and he had other minor offences and in December 2017 he went to court and he was banned from driving for a year and he got a fine of £500. He changed the car on someone else’s name, because he said he ain’t gonna use it anymore anyway. However, a few days ago he took the car and went to the petrol station to put some petrol in it so he can start the engine every 2-3 days so the car will keep having full battery. On his way back home (the petrol station is only 3 mins away from home), he crashed into someone that had speed. From what he told me, it would have been the other person’s fault, however the other person asked for name, date of birth and address of the driver. He gave the details. He didn’t force the note even if it was the other person’s fault because he knew he is not clear and he said that he was guilty as well because he didn’t assure. However, the car has no Insurance, no MOT, no Road Tax and as I said he doesn’t have a driving licence either. What is most likely to happen?
ma0910 - 12-Mar-18 @ 7:27 AM
I got pulled over by cops and got my car siezed because I have Indian and international license... But they are not valid after 12 months of residence. I have provisional license . What possible charges and fines will I be faced with ??
Meetz - 12-Mar-18 @ 2:16 AM
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
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