Solicitors for Driving Whilst Disqualified (BA10 Conviction)

If you are charged with driving while disqualified under penalty code BA10, you can face significant penalties like fines, longer bans, and possible jail time.

understanding the law and seeking professional legal assistance from a specialist motoring offence solicitors can make a significant difference in your case.

Facing a driving while disqualified charge? Contact our motoring offence solicitors at 0203 959 7755 for professional legal guidance and defence.

No matter where you are, our team of specialist motoring offence solicitors based in Hayes, London offers 24/7 legal advice and representation throughout the UK.

Table of Contents

What does driving whilst disqualified mean?

Driving while disqualified means operating a vehicle on public roads during a period when a court order has legally banned you from driving in the UK.

A disqualification is usually imposed due to previous driving offences, such as:

• Drink or drug driving
• Dangerous or careless driving
• Speeding or accumulating excessive penalty points
• Driving without insurance

The ban remains in place until the disqualification period ends or until you have met any conditions set by the court, such as passing an extended driving test.

What is a BA10 conviction?

A BA10 conviction is given when someone is caught driving while banned.

Driving while disqualified is classified as a serious offence by the courts, and the charge under penalty code BA10 can lead to significant penalties.

BA10 carries heavy penalties, such as more points on your licence, community orders, extended bans, or even a prison sentence.

A BA10 conviction can significantly increase your insurance premiums or even make it difficult to find an insurer willing to cover you. Some insurers may refuse coverage altogether.

Understanding the law on driving whilst disqualified

Under Section 103 of the Road Traffic Act 1988, driving on public roads while disqualified or banned is illegal and you must wait until your ban is lifted.

The law applies to public roads and places. Even places like pub car parks are legally public if anyone can use them.

Courts impose strict penalties such as 6 points and up to £1,000 fine on individuals caught driving while disqualified, as it is considered a serious offence. In serious cases, you could face up to 6 months in custody.

Sometimes, you'll need to pass an extended re-test to get your licence back.

Penalties for driving whilst disqualified

Driving whilst disqualified is a criminal offence with serious penalties, including up to six months in prison, up to £1000 fine, and an extended driving ban.

Possible penalties include:

• 6 penalty points
• Up to £1,000 fine
• Extended driving disqualification
• Community service orders
• Curfew or electronic tagging
• Up to 6 months in prison (for serious cases or repeat offenders)
• The police may confiscate your vehicle

The minimum penalty is six penalty points and a fine. But the court might choose lesser sentences if it's your first time. Yet, repeat offenders are more likely to get prison.

How long does a BA10 conviction stay on your record?

A BA10 conviction remains on your driving record for four years from the date of conviction. It must be declared to insurers for five years, affecting your premiums.

Aggravating factors for driving while disqualified

Aggravating factors can significantly increase the severity of your sentence, including longer disqualification periods, higher fines, or even imprisonment.

Aggravating factors for driving while disqualified include:

• Driving a significant distance while banned
• Carrying passengers (special children)
• Evidence of dangerous or reckless driving
• Previous convictions for similar offences

Mitigating factors for driving while disqualified

Mitigating factors do not automatically lead to a reduced sentence but may influence the court's decision when determining the penalty.

Mitigating factors, which may reduce the sentence:

• A genuine emergency situation
• Clear evidence of remorse
• Limited driving distance covered

How can you check your driving disqualification period?

You can check when your driving ban ends online, on the D27 form sent 56 days before expiry, or the D27PH letter issued 90 days before certain drink-related bans.  For further details, you can contact DVLA (if you're in Northern Ireland, contact DVA).

You can then apply to get your licence back. But you must not drive until your ban officially ends.

How are driving whilst disqualified charges proven?

To convict for driving while disqualified, the prosecution must prove that you were driving, that you were disqualified, and that you were aware of this.

The prosecution must prove the following key elements:

• You Were Driving
• You Were Disqualified
• You Were Aware of the Disqualification

You Were Driving

Evidence such as police officer testimony, CCTV footage, or witness statements must confirm you were in control of a vehicle on a public road.

You Were Disqualified

The prosecution must prove that a valid court order was in place at the time of the offence, typically using DVLA records or court documentation.

You Were Aware of the Disqualification

The court must establish that you knew about the driving ban, usually through evidence of the original sentencing or correspondence from the DVLA.

Police use Automatic Number Plate Recognition (ANPR) technology to check vehicles. If they find an issue, they might stop you. If they discover you're banned, you'll be arrested.

What happens if you are arrested for driving whilst disqualified?

If arrested, you will be taken to a police station, and your details will be recorded. It's important to seek legal representation before speaking to the police. This helps avoid self-incrimination.

After the arrest, the police may:

• Release you with a summons to attend court
• Hold you in custody until your court date

Given the serious nature of this offence, self-representation is not advisable. Our specialist motoring offence solicitor can present your case. We can argue for leniency and explore possible defences. These might include proving you were on private property or acting due to an emergency situation.

If you're facing a driving whilst disqualified charge, don't face it alone. Contact our motoring offence solicitors today 0203 959 7755 to discuss your case and explore your legal options.

Why choose Moeen & Co. Solicitors to defend your driving whilst disqualified charge?

At Moeen & Co. Solicitors, we specialise in defending motoring offences and provide expert legal assistance for charges of driving while disqualified.

Our driving offence solicitors will:

• Assess your case thoroughly
• Identify possible defences and mitigating factors
• Represent you in court to achieve the best possible outcome

Contact our solicitor for driving while disqualified charges

If you're facing a driving whilst disqualified charge, contact our motoring offence solicitors in London at 0203 959 7755 for legal advice and representation.