Legal issues
Driving while disqualified
Road Traffic Act 1988, section 103. Strict liability: it is no defence that you did not believe the ban applied, though a genuine doubt about whether you were ever banned can be explored.
No insurance
Section 143. You must show you were insured; the prosecution need only show you drove. There is a defence for employees driving a vehicle they did not own, in limited circumstances.
Drug driving
Section 5A, with limits set in regulations for illegal and some prescription drugs. The medical defence applies if the drug was lawfully prescribed or supplied for medical purposes and taken in accordance with the directions given. It does not cover driving while impaired, which can be charged separately as driving while unfit through drugs under section 4.
Evidence that matters
DVLA and court records of any ban, the insurance policy wording, and the blood analysis and its continuity for drug driving.
Reasonable lines of enquiry
Points to check
- Whether and when a ban was imposed and notified.
- The exact policy terms: some cover other vehicles or uses.
- For drug driving, prescription records and the time between driving and the blood sample.
What happens next
All three are usually dealt with in the magistrates' court. Driving while disqualified is often treated seriously because it involves disobeying a court order.
Immediate steps
- Find your insurance documents and any court or DVLA letters.
- Keep prescription records if relevant.
- Do not drive if you are disqualified.
What should you send us?
Send the charge, court date, insurance documents and any prescription records.