Disqualification, Motor offence solicitors Nottingham, UK

Disqualification

Depending on the particular motoring offence the Court may be looking at a custodial sentence, community sentence and/ or a fine, but in addition the Courts must carefully consider whether to impose a disqualification, or failing that whether to impose penalty points on a drivers licence.

Certain cases attract an obligatory disqualification. In other matters disqualification is discretionary.

An instant or an obligatory disqualification can arise when a driver is caught travelling considerably in excess of the speed limit.

Disqualification is obligatory for example in cases such as drink driving or causing death by dangerous driving. However in certain circumstances special reasons can still be argued to avoid disqualification. Special reasons are not defined by statute. Some arguments that have succeeded, for example in drink driving cases, driving in an emergency, shortness of distance driven or laced drinks.

A driver accumulating 12 penalty points within a three year period would usually face an automatic disqualification of 6 months if for the first time. However, the Court may accept a submission of mitigating circumstances such as ‘exceptional hardship’. If the magistrates find exceptional hardship then an automatic 6 month disqualification does not have to happen. In certain circumstances the Court disqualifies for a shorter period, which can have an effect of wiping the slate clean of any points of imposed under the totting up provisions. Drivers who have 9 points on their licence cannot accept a fixed penalty notice and will receive a summons and potentially risk a totting up disqualification.

Bear in mind that if you receive a disqualification then it will come into effect straight away i.e if you travel to Court in your car then you will not be allowed to drive it home. However, it is possible to suspend a disqualification pending an appeal. This matter will need to be considered very carefully. A disqualification can also be removed. The timing of such application is determined as follows: -

Length of original disqualification	Earliest date at which application to remove disqualification can be made
Disqualification for less than 4 years	When 2 years of the disqualification have expired
Disqualification for not less than 4 years but less than 10 years	When half the disqualification has expired
Disqualification for 10 years or more	After 5 years have expired

Please note new drivers will have their licences automatically revoked by the DVLA if they build up 6 or more points within 2 years of first passing a driving test. This is not a disqualification as such.

If you think the Court may be looking at disqualification and you require legal advice or representation or simply wish to discuss your options call now and speak to one of our solicitors on Freephone 0800 0463066. We have offices in Nottingham but offer a Nationwide Service.