Saving Your Driving Licence

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

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

It is also possible to be disqualified under the driving licence points 'totting up’ procedure whereby a motorist acquires twelve penalty points or more on their driving licence over a period of three years. In these circumstances a motorist will be disqualified from driving for a minimum period of six months unless you can show ‘exceptional hardship’.

New motorists are classified as those within the first two years of passing their driving test. If you acquire six penalty points or more within the first two years of obtaining your driving licence then your licence will be automatically revoked and you will be required to retake a further driving test.

Saving your Driving Licence and avoid 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 drink driving offences it may be possible for you to argue that an emergency situation arose, you were only moving your motor 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 of personal injury or for personal safety this will afford 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 on your driving licence or reduce the period of disqualification and, in some circumstances no driving licence penalty points nor driving ban may be imposed.

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

Exceptional Hardship

Again, this is explained in more detail at the aforementioned link. In short, a motorist who faces a driving ban for ‘totting up’ points on their driving licence 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 driving 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 a drink driving offence can take advantage of the Drink Driver’s Rehabilitation Course offered to them. Successful completion of this course can result in the driving ban 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 driving disqualification. The Procedure is to make an application by way of summons to the Magistrates’ Court so that the Court may consider the person’s character, conduct subsequent to the conviction and the nature of the original driving offence.

Cunninghams Driving Offence Solicitors have the resources to represent clients on a nationwide basis in helping you save your driving licence. We are familiar with all the Courts in England and Wales and we have built up a network of expert witnesses and barristers in all parts of the UK.

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