A driving disqualification is a penalty that the courts can impose on someone guilty of a driving offence. There are essentially two types of driving ban: obligatory, discretionary.
Obligatory
These are driving disqualifications which the court must impose for certain offences. The three most common offences carrying obligatory bans are drink driving, drug driving and dangerous driving. Drink and drug driving have a minimum 12 month ban, and dangerous driving has a minimum ban of 12 months along with an extended re-test. It is important to remember that 12 months is the minimum, and courts will consider the driver’s history (e.g. previous bans) and the seriousness of the offence when determining the length of the ban.
Special reasons
The driver may choose to present “special reasons” to the court. If these reasons are accepted, the ban may not be imposed even if the driver is guilty of the offence. A good example would be someone convicted of driving while under the influence of alcohol. The driver may be able to prove that the alcohol level was caused by spiked drinks.
Discretionary disqualifications
These can be imposed at the discretion of the court, for offences that would normally carry penalty points. The court will not impose both a ban and points for the same offence. The court has discretion over the length of the ban, taking into account the seriousness of the offence and the driver’s history. Again, the driver may put forward special reasons, e.g. the speed limit was broken during a genuine emergency situation.
Totting up disqualifications
These are a very common type of disqualification. Totting up disqualification occur when a driver has 12 or more penalty points added to a driving licence during a three-year period. An obligatory disqualification of at least six months will be imposed by the court. In some cases, the driver can present an argument of exceptional hardship. If the argument is accepted by the court, the ban may be reduced or removed altogether.
Exceptional hardship means that the driving ban would have a serious impact disproportionate to the offence. These arguments can be difficult to present and should be done with assistance from a solicitor. Our totting up solicitors at Auriga Advocates have the expertise to help you if you are facing a disqualification, so don’t hesitate to contact us for some advice and support.