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Offences That Carry an Instant Driving Ban

By: Garry Crystal - Updated: 7 Feb 2015 | comments*Discuss
 
Driving Ban Automatic Mandatory Courts

Many driving offences will come with penalty points and fines but some offences can carry an automatic driving ban. If a driving offence is serious enough a court may use their discretion to apply a driving ban.

Mandatory Bans for Driving Offences

A mandatory driving ban will be imposed when it is clear that the offence is serious enough to warrant a ban. If a driver is found guilty of a motoring offence where penalty points or fines would be inadequate a mandatory ban will be applied. Discretion in the case of a mandatory ban will be limited to the length of the driving ban. There are a number of driving offences that will lead to a mandatory driving disqualification. Dangerous driving, Drink Driving and causing death by dangerous driving will all usually lead to a mandatory driving ban.

Penalty Points and Automatic Driving Bans

There are a number of different offences that do come with automatic driving bans. New Drivers who have six or more penalty points on their licence within two years of passing a test can have their licence revoked. Drivers who manage to reach 12 points on their licence within a three year period will also usually face an automatic ban. The courts do have guidelines that must be followed and mitigating circumstances will determine the length of the driving ban. Any driving ban that is under 56 days will mean that the driver does not need to renew their licence when the ban ends.

Discretionary Bans for Driving Offences

Discretionary driving bans are, as the name implies, at the discretion of the judge hearing the case. Penalty points and fines can be applied to driving offences but a judge or magistrate can use his or her discretion in applying a driving ban. This may happen when the driving offence is serious enough to warrant a disqualification. It may be that the severity of the offence would not be adequately reflected by simply applying Penalty Points or fines. A discretionary driving ban is not the same thing as a mandatory driving ban.

How Do Courts Decide When a Ban is Discretionary?Judges and magistrates have guidelines that must be followed when applying a discretionary driving ban. A number of factors will be considered before deciding whether or not to apply a disqualification. These factors will include the driver’s past record and the likelihood of further offences being committed. Mitigating factors will also be considered on the decision over whether to apply a driving disqualification. The power of discretion over whether to apply a driving ban is wide ranging.

Offences that May Lead to a Discretionary Driving BanThere is a diverse number of driving offences that can lead to a discretionary driving ban. Driving offences that may lead to a ban may include:

  • Failure to report or stop after a traffic accident
  • Driving when already disqualified
  • Driving without the proper insurance
  • Speeding and traffic light offences
  • Inconsiderate or careless driving
  • Driving after having a licence revoked or refused due to medical reasons
  • Speeding on a motorway

Prison Sentences and Fines for Driving Offences

As well as discretionary or automatic bans there are number of driving offences that may come with prison sentences and fines. Driving offences such as failing to stop after an accident can lead to a six months prison sentence and a £5,000 fine. Failing to report an accident could also lead to a similar prison sentence and imposed fine. Exceeding the speed limit can lead to a fine of up to £1,000 while speeding on a motorway can lead to a fine of up to £2,500. The courts may use discretion over the prison sentence length and fine amount.

Avoiding a Driving Disqualification for Totting Up Offences

Mitigating circumstances are one of the factors used when deciding whether or not to impose a driving ban for totting up offences. Defendants will be required to convince the courts that losing a licence could lead to exceptional hardship. Exceptional hardship may mean that a job will be lost if a ban is imposed. It could also mean that the driver’s family will face hardship if the driver loses their licence. These mitigating factors could lead to a driver avoiding a ban completely.

Automatic driving bans will be used for certain offences but other driving offences can also lead to a ban, under the court’s discretion. Drivers should always seek legal advice and representation if they are charged with a driving offence.

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I think all drink drivers should re sit a driving test because they intended to take the car and could of killed someone as well as them selves. I know a person who has now had to re sit a test because he over took a car on the wrong side of road being stupid racing another car coming home from work and lucky for them no one got hurt but they didn't intend on racing the car that day unlike a drunk driver who knows they are putting others at risk. so they should re sit their test not be given their licence back to possibly do it again thank you kathryn
katie - 7-Feb-15 @ 9:09 AM
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