When a driving offence is so serious that penalty points would be inadequate, the Court must impose a ban if the Defendant is found guilty. In these situations the Court’s discretion is limited to the duration of the ban.
A mandatory ban will be imposed for any offence that is progressed by way of a Charge as opposed to a Summons. Offences progressed by way of a Charge are the most serious driving offences. A few examples include:
– Dangerous driving;
– Causing death by dangerous driving;
– High excess speeding offences;
– Drink driving or driving whilst unfit through drink/drugs;
– Failing to provide a specimen.
When a driver is disqualified for a specific offence the period of disqualification will vary depending on the offence. In cases where the offence is felt to be so severe that punishment by way of a fine and penalty points is inadequate, the Court can instead impose an instant driving ban. The decision as to when a ban is appropriate is entirely at the discretion of the Court and will depend upon the offence, past record, mitigation and any other issue that the Court believes to be relevant. The Court is supplied with guidelines indicating when a fine and penalty points are appropriate/inappropriate but the final decision is down to the discretion of the Court.
When the offence is so serious that penalty points would be inadequate, the Court must impose a ban if the Defendant is found guilty. In such circumstances, the Court’s discretion is limited to the duration of the ban.
A mandatory disqualification of 6 months may also be imposed if a driver reaches 12 penalty points within a three year period under the totting up provisions. However, when the licence is eventually returned to the individual the points will be removed.
In order to give you the best possible chance of receiving a less severe penalty or mandatory disqualification please contact our specialist motoring solicitors on 0800 046 3066