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BA10, BA30 Driving Licence Endorsement for Driving or Attempting to Drive Whilst Disqualified

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A BA10 or BA30 driving licence endorsement is classed as a conviction. The rehabilitation period for driving licence endorsements is a period of five years, after which they will be classed as 'spent'. You must declare all 'unspent' convictions to insurers when required to do so. More information can be found here.
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If a person has been convicted of driving or attempting to drive while disqualified and has a BA30 or BA10 driving licence endorsement on their driving licence they will likely see an increase in their motor insurance premiums as a convicted driver who has been previously disqualified from holding or obtaining a driving licence.

Our panel of specialist insurers can help people find an affordable insurance policy if they have previously been disqualified from driving and have motoring convictions, previous driving bans, driving licence endorsements and/or penalty points.

We allow convicted drivers to compare insurance quotes in order to help them find a cheap deal on their motor insurance.


Driving or Attempting to Drive While Disqualified Endosements

CODE DESCRIPTION PENALTY POINTS
DISQUALIFIED DRIVER
(the following licence endorsements remain on driving licence for 4 years from date of offence)
BA10 Driving while disqualified by order of the court 6 points
BA30 Attempting to drive while disqualified by order of court 6 points

Driving whilst disqualified from holding or obtaining a driving licence

s. 103(1)(a) and (b) of The Road Traffic Act 1988 [1] makes it an offence to obtain a driving licence or drive a motor vehicle on a road while disqualified to do so, it states:

(1) A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he

  1. obtains a [driving] licence, or
  2. drives a motor vehicle on a road

Any person who drives a motor vehicle on a road of a particular class that that person has been disqualified from holding or obtaining a driving licence for, by order of a court of law, is guilty of a criminal offence.

A police constable in uniform can arrest, without a warrant, any person driving a motor vehicle such as a car or van or riding a motorcycle on a road, that they have reasonable cause to suspect of being disqualified from holding or obtaining a driving licence permitting them to do so.

Driving whilst disqualified is an offence which is triable summarily in England and Wales, this means a person can usually only be convicted and sentenced for this offence in a magistrates court as opposed to a crown court. However, if a defendant is charged with a indictable offence in conjunction with this offence then they can be tried for this offence at crown court.

In Scotland, driving while disqualified is an either way offence which can be tried either summarily or on indictment.


Penalty for driving while disqualified

Driving Whilst Disqualified Sentencing Guidelines

England & Wales: The maximum sentence a person can receive for driving whilst disqualified is 6 months imprisonment and/or a fine of £5,000. Any person convicted of driving whilst disqualified will also receive a driving ban that extends their current driving disqualification or if no disqualification is imposed, 6 penalty points on their driving licence. Penalty points for this offence will remain on a persons driving licence for 4 years from the date the offence was committed.

Scotland: The maximum sentence a person can receive for this offence if their case is tried summarily in Scotland is 6 months imprisonment and/or the maximum statutory fine. If their case is dealt with on indictment the maximum sentence that can be imposed is 12 months imprisonment and/or the maximum statutory fine.


FREE Legal Advice - England & Wales

FREE Legal Advice - England & Wales


FREE Legal Advice - Scotland

FREE Legal Advice - Scotland

Reference:

[1] The Road Traffic Act 1988

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Driving Whilst Disqualified Sentencing Guidelines

Drive Whilst Disqualified
Road Traffic Act 1988, s.103

Triable: Only summarily
Maximum: Level 5 Fine and/or 6 months

Must endorse and may disqualify. If no disqualification, impose 6 points

Offence seriousness (culpability and harm)
A. Identify the appropriate starting point

Starting points based on first time offender pleading not guilty

Examples of nature of activity Starting Point Range

Full period expired but retest not taken

Low level community order

Band C Fine to medium level community order
6 points or disqualify for 3 - 6 months

Lengthy period of ban already served

High level community order

Medium level community order to 12 weeks custody
Lengthen disqualification for 6 - 12 months beyond expiry of current ban

Recently imposed ban

12 weeks custody

High level community order to 26 weeks custody
Lengthen disqualification for 12 - 18 months beyond expiry of current ban

Offence seriousness (culpability and harm)
B. Consider the effect of aggravating and mitigating factors

Factors indicating higher culpability

Factors indicating lower culpability

1. Never passed test
2. Planned long-term evasion
3. Vehicle obtained during ban
4. Driving for remuneration

Factors indicating greater degree of harm

1. Distance driven
2. Evidence of associated bad driving
3. Offender caused accident

1. Defendant not present when disqualification imposed and genuine reason why unaware of ban
2. Genuine emergency established


Magistrates Must:

Form a preliminary view of the appropriate sentence, then consider offender mitigation

Consider a reduction for guilty plea
(ranging from a recommended one third off any sentence imposed)

Consider ancillary orders, including deprivation of property

Decide sentence
Give reasons

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For more information on sentencing guidelines, fine bands, sentencing for multiple offences and ancillary orders please visit SGC - Sentencing Guidelines Council, Magistrates Court Sentencing Guidelines [online]. Available from http://www.sentencing-guidelines.gov.uk. ©Crown Copyright 2016.