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 at least 6 months unless they can argue ‘exceptional hardship’.

New motorists’ licences will automatically be revoked if they acquire 6 penalty points within 2 years of obtaining them, and they will be required to retake their driving test.

Avoiding Discretionary Disqualification

Where the court has discretion on 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.#

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 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, 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 you and help you prepare an argument for ‘exceptional hardship.’

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

Any person convicted for 12 months or more for an alcohol-related offence may be offered the opportunity to attend the Drink Drivers’ Rehabilitation Course. Completing this course can reduce a disqualification by up to a quarter.

Removal of Disqualification

A person who has been disqualified for two years or more may be entitled to apply for removal of their disqualification under section 42 of the Road Traffic Offenders Act 1988. Such applications must be heard before the same court that imposed the disqualification.