Keeping Your Licence

If you need help keeping your licence, contact Carter Moore Solicitors today. Our motoring lawyers are experts in defending road traffic offences and we will work to get the best outcome possible. Call our driving offence solicitors today on 08458 737 333 or complete our online enquiry form.

Many road traffic offences carry a discretionary disqualification. This means that the court may impose disqualification depending on the circumstances of the case and the personal situation of the motorist.

A mandatory disqualification is used on a number of driving offences and this means that the court has no option but to disqualify you unless certain ‘special reasons’ can be shown. A motorist may also be disqualified under the totting up provisions. This is when you have acquired 12 points or more on your licence and you will be disqualified for a minimum of 6 months, unless ‘exceptional hardship’ can be argued.

If you have been charged with an alcohol related offence, you may be able to argue that you were unaware that you were under the influence at the time of driving due to your drink being ‘spiked’, or that there was an emergency and no other options were available to you. If you believe that you were in genuine danger of extreme personal injury, we can also look to this to use as a defence.

Where a motorist is caught driving without insurance, this could have been a genuine mistake and we will check through the terms and conditions to establish whether or not they are ambiguous.

Avoiding Discretionary Disqualification

Where the court has discretion whether or not to disqualify a driver, it may be possible to use certain personal circumstances to convince the court not to disqualify. Incidents surrounding the driving offence itself can also be called upon as part of a defence and can help you avoid discretionary disqualification.

Special Reasons

Where a driving offence carries a mandatory disqualification a motorist will only avoid disqualification if ‘special reasons’ can be established. If ‘special reasons’ are found, this could reduce the number of penalty points and the period of disqualification, and in some cases, the court could decide not to impose penalty points or a period of disqualification.

Exceptional Hardship

If you face disqualification for ‘totting up’ you may be able to avoid this if we argue that you would suffer ‘exceptional hardship’, examples of which can include losing your job or home. The court is also entitled to take into account hardship that may be suffered by your family, employer or employees.

Reduction of Disqualification for Completion of the Drink Drivers’ Rehabilitation Course

If you have been convicted for 12 months or more for an alcohol related driving offence then you may be able to attend the Drink Driver’s Rehabilitation Course. Successful completion of this course can result in your disqualification period being reduced by up to a quarter.

Removal of Disqualification

If you have been disqualified for a period of two years or more then you may be entitled to apply for removal of that disqualification. The court can remove the disqualification by considering your character, conduct subsequent to conviction and the nature of the offence committed.

Contact Carter Moore Solicitors today and let us help you keep your licence. Our motoring solicitors are experts in this area of complex law and we can offer you a free initial consultation. Call our driving offence team today on 08458 737 333 or fill in our enquiry form.