A driving ban is likely to have significant and far reaching effects on your life. It can lead to the loss of your job or have a detrimental impact on your family, personal life or studies. The court has the power to ban you from driving and may do so in various different scenarios.
Some offences carry a mandatory disqualification. For example, if you are convicted of drink driving, failing to provide a specimen of breath, blood or urine at the police station following an arrest on suspicion of drug or drink driving or if you are convicted of dangerous driving. The period of the ban will depend on a number of factors and in particular, the seriousness with which the court view that particular offence. For example the minimum ban for drink driving is 12 months but if you have a similar previous conviction in the last 3 years the court will impose a minimum of 3 years disqualification.
Offences that carry penalty points, for example speeding or driving without insurance can also lead to you being banned by the court. This can be because for example the speeding is so excessive ie if you are caught driving in excess of 30mph over the limit for that road. If however, the penalty points on your driving licence reach 12, then you can be banned from driving for a lengthy period even if the individual offences were not that serious.
If you are disqualified from driving you cannot drive a motor vehicle on a road for period fixed by the court. In particularly serious cases the court can order that even when the period of the ban is up you must retake your driving test. If you disregard the ban and are caught driving then you can be arrested for the offence of driving while disqualified, an offence that can carry a prison sentence.
There are however legal arguments that can be made in an effort to avoid the courts banning you in these circumstances. If the court can be persuaded (in non drink or drug driving cases) that exceptional hardship would be caused by your driving ban to you or those around you then they will allow you to keep your licence. Examples where this could apply include when a driving ban would mean loss of employment or when it would lead to a family member being deprived of regular lifts for medical appointments in the absence of any other means of transport. Also, the court can find what is called special reasons not to disqualify and this can apply to drink and drug driving offences. Examples of this include a situation where you moved your car a very short distance; you drank alcohol after you drove but prior to your arrest or if your drink was laced. There are several scenarios in which the court may find special reasons or exceptional hardship and a lawyer would be able to advise you when they might apply.
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This post was written by Just Motor Law who can provide you with legal advice and support if you're dealing with a disqualification from driving
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