Disqualification

What areas do we cover?

  • Penalty Points (Totting Up) Disqualification
  • Discretionary Disqualification
  • Obligatory Disqualification
  • Special Reasons for not imposing Penalty Points or a Disqualification
  • Revocation of a Driving Licence

What types of disqualification are there ?

Penalty Points (Totting Up ) Disqualification – the court must disqualify a person from driving for a minimum period of 6 months if they accrue 12 or more points on their licence within a 3 year period unless there are grounds for mitigating the normal consequences of the conviction.

Discretionary Disqualification – the court has a discretion to disqualify a person from driving for any motoring offence that carries points (endorsable offences).

Obligatory Disqualification the court must disqualify a person from driving if they commit an offence that carries an  obligatory disqualification.

 

How do you avoid a penalty points (totting up) disqualification ?

The only way to avoid an obligatory disqualification for totting up is by satisfying the court that there grounds for mitigating the normal consequences of the conviction. The most commonly argued ground is that it would cause you or another person exceptional hardship if you were disqualified from driving.

 

How can you avoid a discretionary disqualification ?

By persuading the court to use their discretionary powers to impose penalty points rather than a disqualification. The court can take into account the circumstances of the offence and the offender. 

 

How can you avoid an obligatory disqualification ?

The only way to avoid an obligatory disqualification is if there is  a defence to the offence or there are ‘special reasons’ not to disqualify the defendant from driving.

What is a special reason ?

A special reason not to endorse your licence or disqualify you from driving would be a reason that is:

  • not a defence
  • is a mitigating or extenuating factor
  • is directly related to the commission of the offence
  • is a factor that the court ought properly to take into consideration when imposing a sentence.

 

What is revocation of a driving licence ?

It is when the DVLA take away your driving licence.

 

Is revocation the same as disqualification ?

No. When your licence is revoked you do not automatically have the right to reapply for your licence. The DVLA will only give you your licence back if you satisfy specified conditions. At the end of a disqualification period you are entitled to apply for your licence back unless there are medical reasons why it should not be returned to you.

 

When might a licence be revoked ?

If you are a new driver and within 2 years of passing your test you obtain 6 or more penalty points on your licence, your licence will be revoked and you will have to take your driving test again. Another reason may be if you are medically unfit to drive a vehicle e.g dementia, physical disability.

 

If you are a new driver how can you avoid revocation ?

By trying to persuade the court to impose less than 6 points if the offence carries variable points or for the court to impose a short period of disqualification.

 

If you are  assessed as medically unfit how can you avoid revocation ?

By  obtaining  medical evidence that indicates you are fit to drive and then appealing against the decision to the DVLA and if that fails appealing to the Magistrates Court.

 

When would you need a solicitor ?

  • If you are facing a penalty points (totting up) disqualification
  • If you are at risk of a discretionary disqualification
  • If the court have to impose an obligatory disqualification and you want to minimise the length of the ban
  • If there is a special reason not to disqualify you from driving
  • When you are new driver and you are facing a revocation
  • If the DVLA have advised you they are revoking your licence.

Further Information:

If you have been caught speeding and face disqualification, contact our motoring law team solicitors on 0115 784 1588 or email maria@mooremotoringlaw.co.uk

 

 

 

  Maria was able to execute a professional approach to everything and I won a case that was quite complex and difficult. When other lawyers said ‘no way’ Maria went for it! You won’t get better solicitors

thumb Will Kapurura
8/25/2017