Many road traffic offences carry discretionary disqualification. 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. See Lawble – Your Premier Legal Resources Hub
Avoiding Discretionary Disqualification
Where the court has a 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. Alternatively, mitigation may be advanced on behalf of the motorist, setting out his/her circumstances and how 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 being disqualified the team at UK 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 special to the commission of the offence and cannot be something 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.
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 consider 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 prepare an argument based on ‘exceptional hardship’.
Reduction of Disqualification for Completion of the Drink Drivers’ 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. 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 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.