Keeping your driving licence

Many road traffic offences carry a mandatory disqualification. The effect of this is that the Court has no option but to disqualify you for a motor offence unless ‘special reasons’ apply.

A number of road traffic offences carry a discretionary disqualification. In these circumstances the Court may impose disqualification for a motor offence depending on the circumstances of the case and your personal circumstances.

Avoiding Disqualification
In circumstances where a Court has discretion whether to disqualify a motorist or not then it may be possible to persuade the Court not to disqualify you due to your own personal circumstances. In a careless driving case mitigating circumstances could be a sudden change in weather conditions, a momentary lapse or a minor risk.

In alcohol related cases it may be possible for you to argue that an emergency situation arose, you were only moving your vehicle a very short distance or that your drink may have been laced by an unknown person or somebody known to you.

If you were accused of failing to stop or failing to report mitigating circumstances may apply if you had stayed at the scene but failed to give your full particulars before leaving, there was nobody at the scene, there was limited damage to your vehicle and the other persons vehicle or you had a genuine fear of retaliation.

If you do have a genuine fear for your personal injury or safety this will allord a complete defence and you will be acquitted .

In respect of allegations of driving without a valid certificate of insurance then this could have been a genuine mistake, the responsibility for obtaining the insurance could have laid with another person such as your parent/owner/hirer or it was an accidental oversight.

Special Reasons
In short, 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. If the special reason is found then this could reduce the number of penalty points or reduce the period of disqualification and, in some circumstances no penalty points nor a period of disqualification maybe imposed.

Exceptional HardshipAgain, this is explained in more detail at the aforementioned link. In short, a motorist who faces disqualification for ‘totting up’ may avoid disqualification if they can show that they would suffer ‘exceptional hardship’. Examples include losing your job and house and the exceptional hardship is not limited to yourself but extends to your family members or your employer who are affected by the consequences of a disqualification upon you.

Reduction of Disqualification or completion of the Drink Drivers Rehabilitation Course
A motorist who is convicted for twelve months or more for an alcohol related offence can take advantage of the Drink Driver’s Rehabilitation Course offered to them. Successful completion of this course can result in the disqualification being reduced by 25% of the period of disqualification imposed.

Removal of Disqualification
A motorist who has been disqualified for a period of at least two years or more is entitled to apply for removal of their disqualification. Procedure is to make an application by way of summons to the Magistrates’ Court so that the Court may consider the persons character, conduct subsequent to the conviction and the nature of the original offence.