Facing a Driving Ban or Disqualification?
Driving points totting up?
A discretionary disqualification can be imposed even if you have a clean licence because it is determined by the seriousness of the offence.
This means that the court can impose an immediate driving ban even if you have less than 12 points on your driving licence. The length of ban is set by the court in accordance with its sentencing guidelines and can be anything from 7 days to several months!
Once you reach 12 points then the court will impose an immediate driving ban for a minimum of 6 months. This is known as a ‘totting-up’ disqualification. It is therefore possible to face a 6 month ban with only one previous conviction. For example, if you previously received 6 points for a motoring offence and you have been caught again for a motoring offence where you can receive 6 or more points it is vital that you consider defending the case. It is only by avoiding a conviction can you avoid any further points, and thereby avoid a ban.
- Reasons why you need your licence for work
- Can you provide evidence for needing your licence, such as a contract of employment?
- Would you lose your job if you lost your licence?
- Can the need for your licence or the loss of job be confirmed by a letter from your employer?
- Would your employer attend court to give evidence – to confirm the above?
- Would your employer’s business struggle without you?
- Are you a key employee?
- Do other employees depend on you?
- What time do you start and finish work?
- How many miles do you travel to / from work?
- Are you self-employed?
- If self-employed, can you evidence the length your business has been running?
- Do you have accounts?
- Do you employ other people?
- Would other people lose their jobs if you lost your driving licence?
- Would your business fail if you were banned from driving?
- Do you sub-contract to others?
- Do you have business loans?
- Do you have financial commitments for business premises?
- Do you own or lease your vehicle?
- Does your company own or lease other vehicles?
- Are you contracted to keep and pay for vehicles for a set time?
- What utility costs do you have – gas, electric, etc.
- What rates do you pay for business premises?
- If your business ceases to trade, are you still responsible for paying business rates?
- If you lost your job, would you be able to find another job easily?
- Are your job skills dependant on driving?
- Are you married or in a relationship? Do you have children?
- Does your spouse work?
- Could you survive only on your partner’s income?
- Are you the main earner in your household?
- Does your partner drive?
- Are you able to get lifts to / from work?
- Are you able to get a driver – someone to drive you around at work?
- If you have children, do you have commitments requiring you to drive them places?
- Do you do the ‘school run’ or take children to nursery?
- Would it be difficult for you to use public transport?
- Number of years driving?
- Were any previous driving convictions / penalties for different type of offence?
- How long has elapsed since your last motoring conviction?
- Can you provide details of your income and expenditure?
- Can you provide evidence of personal expenditure – mortgage costs, loans, utility costs, etc?
- Do you or your family suffer health problems?
- Do you need to drive to attend hospital appointments, etc?
Defending cases with exceptional hardship
*all figures based on all speeding related matters between May 2017 – August 2017