Keeping Your Licence
Many road traffic offences carry a discretionary disqualification. As such the court may impose disqualification depending on the circumstances of the case and the personal circumstances of the motorist.
A number of road traffic offences carry a mandatory disqualification. This means that the court has no option but to disqualify the motorist unless ‘special reasons’ apply .
Alternatively, a motorist may also be disqualified under the ‘totting up’ provisions when they acquire 12 or more points on their licence. In these circumstances a motorist will be disqualified for a minimum of 6 months unless they can argue ‘exceptional hardship’ .
New motorists will automatically have their licence revoked if they acquire 6 penalty points within 2 years of obtaining their licence and will be required to retake their driving test.
Avoiding Discretionary Disqualification
Where the court has a discretion whether to disqualify it may be possible to persuade the court not to disqualify due to the circumstances of the offence. For example, it may be possible to argue that the offence was not a particularly serious one and that disqualification therefore should not occur. Alternatively, mitigation may be advanced on behalf of the motorist setting out his/her personal circumstances and the ways that a disqualification could affect them. For example, it could be argued that a motorist would lose their job and/or have difficulty conducting their family life without a car.
If you fear that you may be disqualified the team at Carter Moore solicitors can help you prepare and present mitigation in court.
Special Reasons
Where the offence carries a mandatory disqualification a motorist will only avoid disqualification if they can establish ‘special reasons’. A ‘special reason’ is something that is special to the commission of the offence and cannot be something that is special to the motorist as a person.
A special reason may arise when an offender is misled or tricked into committing an offence, for example, when a motorist drives after their drink has been ‘spiked’. Alternatively, it may arise when a motorist commits an offence in a situation of true emergency, for example, a motorist who speeds to take a person to hospital.
If the court finds a ‘special reason’ it can reduce the number of penalty points to be imposed, reduce the period of disqualification or decide not to impose penalty points or disqualification at all.
Establishing special reasons often involves calling evidence in court and careful preparation. If you feel that a special reason may arise in your case our team can advise you now.
Exceptional Hardship
A motorist who faces disqualification for ‘totting up’ may avoid disqualification by arguing that they would suffer ‘exceptional hardship’. Exceptional hardship may arise if an offender would lose their job. The court is also entitled to take into account hardship that may be suffered by the offender's family, employer or employees.
If you are facing disqualification under the totting up provisions we can advise and help you to prepare an argument in relation to ‘exceptional hardship’.
Reduction of Disqualification for Completion of the Drink Drivers’ Rehabilitation Course
Any person convicted for 6 months or more for an alcohol related offence may be offered the opportunity to attend the Drink Drivers' Rehabilitation Course. Successful completion of this course can result in a disqualification being reduced by up to a quarter.
Removal of Disqualification
A person who has been disqualified for a period of two years or more they may be entitled to apply for removal of their disqualification under the Road Traffic Offenders Act 1988.
The court is entitled to remove the disqualification if it thinks it is fit having regard to the person's character, conduct subsequent to conviction, the nature of the offence and any other circumstances of the case.
If you have been disqualified and wish to apply for removal of you disqualification our team can advise you as to how to proceed.
