Driving Ban Rules

Most people's contact with the criminal justice system at court is in relation to motoring offences whereby they face at least a possible driving ban. A driving ban can arise in one of three ways:

1. A discretionary driving ban for the offence itself i.e. a speeding offence which is sufficiently serious to cause the Magistrates to exercise their discretion to impose a ban in accordance with the Sentencing Guidelines;

2. A mandatory driving ban for the offence itself i.e. where a person is conviceted of drink driving whereby the court has no option but to impose a minimum 12 month ban (although this can in certain circumstances be a minimum ban of 3 years) ;

3. A mandatory driving ban for 'totting up' whereby the individual has accumulated 12 points or more during the preceding 3 year period. In this circumstance, the court must impose a minimum ban of 6 months but which may be increased to a minimum of 12 months or 2 years if one or more 'relevant ban' has been imposed in the last 3 years.

IF YOU HAVE BEEN SUMMONSED TO COURT, THE CHANCES ARE THAT YOU MAY WELL FACE A BAN IN WHICH CASE OUR EXPERTS CAN ASSESS YOUR PROSPECTS OF SUCCESSFULLY AVOIDING ANY OF THESE BANS - EVEN WHERE THE COURT, ON PAPER, HAS NO OPTION BUT TO BAN YOU . AND EVEN IF SUCH A BAN HAS ALREADY BEEN IMPOSED WE CAN LOOK AT APPEALING IT BUT TIME IS CRITICAL SO PLEASE CONTACT US TODAY.

SUCH ARGUMENTS REQUIRE EXPERT PREPARATION AND PERSUASION and our barristers are experts in arguing against discretionary driving bans and putting forward 'exceptional hardship' arguments to persuade the court to not impose (or to significantly reduce) the minimum 'totting up' ban. There are also other arguments which can assist, depending upon the facts of your case. Even in mandatory ban drink driving cases, we can assess the evidence and see whether we can successfully persuade the court not to impose a ban.

In relation to the 'totting up' ban mentioned above, Penalty points are imposed by the police for offences such as:

- Speeding
- Driving without insurance
- Failing to identify the driver

- Using a mobile phone while driving

- Failing to stop at the scene of an accident

Penalty points can remain up to 11 years, depending on the offence on your licence. In the case of drink driving, the penalty points will remain on your licence for complete 11 years. If you have been penalised for speeding, they will remain on your licence for 4 years but will only count against you for 3 years.

One thing to remember is that your insurance costs may also escalate after you have received a driving ban. Accordingly, it is always better to seek proper legal advice and representation by a driving ban lawyer when you face the prospect of a driving ban. This is particularly so if, practically, you depend upon driving for your livelihood.