Tariq Khan of Kangs Solicitors writes on the effects of a driving ban.
Losing your driving licence for any length of time has far reaching repercussions beyond the punishment administered by the court.
Obligatory Disqualification | Driving Ban
Some offences carry obligatory disqualification for a minimum period of twelve months.
This minimum period is automatically increased where there have been certain previous convictions and disqualifications.
An offender must be disqualified for at least two years if he or she has been disqualified two or more times for a period of at least fifty six days in the three years preceding the commission of the offence.
The following disqualifications are to be disregarded for the purposes of this provision:
- Interim disqualification;
- Disqualification where vehicle used for the purpose of crime;
- Disqualification for stealing or taking a vehicle or going equipped to steal or take a vehicle.
An offender must be disqualified for at least three years if he or she is convicted of one of the following offences and has, within the ten years preceding the commission of the offence, been convicted of any of these offences:
- causing death by careless driving when under the influence of drink or drugs;
- driving or attempting to drive while unfit;
- driving or attempting to drive under the influence of excess alcohol;
- failing to provide a specimen (drive/attempting to drive).
Special Reasons not to Disqualify| Road Traffic Defence Solicitors
The period of disqualification may be reduced or avoided if there are special reasons.
These must relate to the offence.
Circumstances peculiar to the offender cannot constitute special reasons.
The Court of Appeal has established that, to constitute a special reason, a matter must:
- be a mitigating or extenuating circumstance;
- not amount in law to a defence to the charge;
- be directly connected with the commission of the offence;
- be one which the court ought properly to take into consideration when imposing sentence.
‘Totting Up’ | Road Traffic Solicitors
Disqualification for a minimum of six months must be ordered if an offender incurs twelve penalty points or more within a three-year period.
The minimum period may be automatically increased if the offender has been disqualified within the preceding three years.
Totting up disqualifications, unlike other disqualifications, erase all penalty points.
Exceptional Hardship Applications | Speeding Solicitors
The period of a totting up disqualification may be reduced or avoided for exceptional hardship or other mitigating circumstances if the court thinks fit to do so.
No account is to be taken of hardship that is not exceptional hardship or circumstances alleged to make the offence not serious.
Any circumstances taken into account in the preceding three years to reduce or avoid a totting up disqualification must be disregarded.
Kangs Solicitors Experience in Road Traffic Cases | Motoring Solicitors
Our team is led by the skilled court room lawyer Suki Randhawa and a selection of recent cases conducted by our team of specialist solicitors can be seen by following the links below:
- Driving Case | Freddie Flintoff
- Success in Defending Former Premiership Footballer | Motoring Offences
Help and Advice is available | Drink Drive Solicitors
We welcome clients getting in touch and discussing their case with us.
Please feel free to contact our specialist driving offence solicitors using the details below.