DISQUALIFICATION KNOW YOUR RIGHTS


Many of us in our driving career will be at risk of a ban at some point. The best way of avoiding this is to avoid committing an offence! But unfortunately life isn’t always as easy as that. Most cases we see are where people have accidentally committed an offence and find themselves tied up in the court process, facing the real prospect of losing their licence, with no idea what to do. The laws of disqualification are complicated and there are a number of ways in which the court can impose a ban – each with its own laws and procedures. This month, we focus on disqualification to give you the best chance of avoiding a ban if you ever find yourself in that situation.


WHEN WILL I BE AT RISK OF A BAN?


The first point to note is that the police don’t have the power to disqualify (*unless the driver is on bail for a very serious offence and it is a condition of bail not to get behind the wheel of a car – but this is very rare).


The only power to disqualify comes from the court – so if your case gets to court it means you could be banned in any of the following ways.


If you are ever at risk of a ban in order try to avoid it, it’s best to physically attend the court hearing.


1. Discretionary disqualification


This is where you are banned for the offence itself, instead of receiving points.


Any offence which carries points can also carry a ban if serious enough, but whether you actually receive a ban depends on the Sentencing Guidelines. For example, consider the guidelines for driving without due care and attention:


Level of


seriousness Category 1


Category 2 Category 3 66 Starting Point Band C fine Band B fine Band A fine Range Band C fine Band B fine Band A fine


Disqualification/ points


Consider disq. OR - 7-9 points


5-6 points 3-4 points


20 30 40 50 60 70


Range Points/


Disqualification


21-30 31-40 41-55 51-65 61-80 71-90


Band A fine 3 points


The court determines the category by looking at how serious it is – including accidents, injury, if the defendant was driving for hire or reward, if the driver was distracted. And if it’s serious enough, it’ll be considered under Category 1 where the driver may be banned.


The guidelines for speeding are a little easier to follow: Speed limit (mph)


Recorded speed (mph) 31-40 41-50 56-65 66-75 81-90


91-100 Band B fine


Disqualify 7-28 days or 4-6 points


41 & above 51 & above 66 & above 76 & above 91 & above 101 & above Band C fine


Disqualify 7-56 days or 6 points


Where someone is at risk of a discretionary ban because of the level of seriousness, the defendant can present mitigation of the offence and of their personal circumstances to persuade the court not to disqualify.


Because these bans are imposed instead of points, it doesn’t wipe existing points off the licence.


If the ban is for 56 days or longer, the driver will need to reapply for their licence at the end of the ban but wouldn’t need to re-take their test.


These disqualifications remain on the driving record for four years.


2. Mandatory disqualifications


For offences carrying mandatory disqualification, the court must disqualify for a minimum of 12 months. This could increase depending on previous convictions and the seriousness of the offence.


For these offences, you cannot avoid a ban unless you challenge. If you plead guilty or are found guilty, you will be banned.


Offences which carry mandatory disqualification are:


• Drink driving / drug driving • Failing to provide an evidential specimen • Dangerous driving • Racing on a public highway • Causing serious injury by careless/dangerous driving • Any offence including death (e.g. causing death by dangerous driving or whilst uninsured)


JANUARY 2024 PHTM


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