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

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A 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.

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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 Endorsements

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: Unlimited Fine and/or 6 months

Step 1

Determining the offence category

The court should determine the offence category:

The court should determine the offender's culpability and the harm caused with reference only to the factors below. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category.

CULPABILITY demonstrated by one or more of the following:

Factors indicating higher culpability

Factors indicating lower culpability

HARM demonstrated by one or more of the following:

Factors indicating greater harm

Factors indicating lesser harm

Step 2

Starting point and category range

Having determined the category at step one, the court should use the appropriate starting point to reach a sentence within the category range in the table below.

Starting point applies to all offenders irrespective of plea or previous convictions

Level of seriousness Starting Point Range Disqualification/points

Category 1

12 weeks custody

High level community order - 26 weeks custody

Disqualify for 12 - 18 months beyond expiry of current ban
(Extend if imposing immediate custody)

Category 2

High level community order

Medium level community order - 12 weeks custody

Disqualify for 6 - 12 months beyond expiry of current ban
(Extend if imposing immediate custody)

Category 3

Low level community order

Band C Fine - Medium level community order

Disqualify for 3 - 6 months beyond expiry of current ban
OR
6 points

Level of seriousness:
Category 1
Starting point: 12 weeks custody
Range: High level community order - 26 weeks custody
Disqualification/points: Disqualify for 12 - 18 months beyond expiry of current ban (Extend if imposing immediate custody)
Category 2
Starting point: High level community order
Range: Medium level community order - 12 weeks custody
Disqualification/points: Disqualify for 6 - 12 months beyond expiry of current ban (Extend if imposing immediate custody)
Category 3
Starting point: Low level community order
Range: Band C Fine - Medium level community order
Disqualification: Disqualify for 3 - 6 months beyond expiry of current ban OR 6 points

The court should then consider further adjustment for any aggravating or mitigating factors. The following is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far.

Factors increasing seriousness

Statutory aggravating factors

NOTE: An offender convicted of this offence will always have at least one relevant previous conviction for the offence that resulted in disqualification. The starting points and ranges take this into account; any other previous convictions should be considered in the usual way.

Other aggravating factors

Factors reducing seriousness or reflecting personal mitigation

Step 3

Consider any factors which indicate a reduction, such as assistance to the prosecution

The court should take into account sections 73 and 74 of the Serious Organised Crime and Police Act 2005 (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator.

Step 4

Reduction for guilty pleas

The court should take account of any potential reduction for a guilty plea in accordance with section 144 of the Criminal Justice Act 2003 and guilty plea guidelines.

Step 5

Totality principle

If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the offences taken into consideration and totality guidelines.

Step 6

Compensation and ancillary orders

In all cases, the court should consider whether to make compensation and/or other ancillary orders including disqualification from driving.

Step 7

Reasons

Section 17 of the Criminal Justice Act 2003 imposes a duty to give reasons for, and explain the effect of, the sentence.

Step 8

Consideration for time spent on bail

The court must consider whether to give credit for time spent on bail in accordance with section 240A of the Criminal Justice Act 2003.

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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 2017.