PATRICK
HORAN
SOLICITORS
Former member of An Garda Siochana.
REPRESENTING PEOPLE IN DUBLIN & ACROSS IRELAND.
This is what happens if you drive while disqualified.
Driving Disqualification Ireland
Jail.
You’re at high risk of jail.
And you have to work overtime to avoid it.
As far as the courts are concerned, they have little sympathy for people who drive without insurance in the first place.
They have even less for people who drive after being disqualified.
There’s a pretty logical reason for this.
If you’ve been disqualified from driving by a Judge and you decide to drive anyway, that’s interpreted by the Judge as you giving two-fingers to the courts.
Judges tend not to like that sort of stuff.
That’s why they often put people someplace where they can be sure they won’t drive anymore.
I think you know where I’m talking about.
In other words, it means you don’t care what penalty they give you, you’re going to drive anyway.
Now this may not be true in your case but that’s what they think and it’s up to you to convince them otherwise.
Other pressures on the Judiciary cause them to take a firm line on driving while disqualified.
The most frequent criticism that they level at people is that “the rest of us have to pay for insurance and we have to pay more every time people like you (the Defendant) drive without insurance, has a crash, and the other driver has to make a claim. We (insured drivers of Ireland) have to pay for that, have to pay for you”.
If you’re hearing some variation of this, then jail is looming.
%20(1).webp)
Is there a Defence to driving while disqualified?
No.
There is no defence to driving while disqualified.
Sometimes people raise the flimsy possibility of trying to impress the Judge based on some sort of “emergency”.
The idea is usually along the lines that they “had” to drive because of some unforeseen and sudden crisis.
Judges are extremely sceptical of this as the chances of a genuine emergency taking place at the one time that you get caught driving without insurance are extremely rare.
It almost never happens.
The chances of an “emergency” occurring when you drove while disqualified is about 1 in a million.
In other words, in my 25 years in the criminal justice system on both the prosecution and defence side, I’ve never heard of it happening.
After all, the Judge would obviously wonder why you were in close proximity to a car in the first place considering that you were disqualified.
You’re disqualified after all, why do you still even possess a car?
You can see how that just wouldn’t fly in court and I do not run spurious defences that either assume the Judge will accept “any old story” (they will not) or run the risk of angering them.
As a general rule I try not to antagonise people that can put you in jail.
What is the sentence for driving while disqualified?
A fine of up to €5,000 and/or 6 months in prison.
Either or both.
In practice the chances of you getting a fine even remotely close to €5,000 is effectively zero. But jail is very much a real possibility.
Often, what Judges do is to impose the prison sentence and a fine of between €400 to €1,000. These are general parameters only.
It may be higher, it may be lower, but its usually in that bracket.
You might wonder why that financial penalty is so low.
Its low because the Judge knows that if it is too high, the person will very likely appeal the “severity” of the financial penalty, which takes up more time in another court.
But the real danger is the risk of jail.
If you do get a sentence of imprisonment, you have a right to appeal that sentence to the Circuit Court.
That’s the higher court and the appeal will be in front of a different Judge.
But a word of warning here too: there is a growing army of Circuit Court Judges who take an even harder line on driving without insurance and driving while disqualification.
And the thing with an appeal court is that while they have the power to reduce the sentence, they also have the power to increase it.
I remember an Appeal Judge once declare at the beginning of court: “Anyone who’s appealing either a no insurance (i.e. driving without insurance) or driving while disqualified case had better consider their position”.
That was a signal, a very blunt signal, that if you decided to progress your insurance/disqualification appeal, that Judge was likely to double your prison sentence.
Everyone withdrew their appeals that day.