Driving Ban & Disqualification

Driving without insurance is a serious offence which can result in an immediate disqualification from driving. A driving ban can often be in the region of 28 days but can also be substantially longer for repeat offences. For first offences, the Court would normally impose between 6 and 8 penalty points, but no ban. There will also be a fine which will vary depending on the circumstances and whether the Defendant was using the vehicle themselves or permitting another person to use the vehicle.

Any Defendant who is given the option to attend a drink drive rehabilitation course should do so as it would normally result in any disqualification period being reduced by not less than 3 months and not more than 25%:

* The potential reduction is based on a Defendant attending a drink drive rehabilitation course which is entirely at the Court’s discretion.

The following drink driving offences are ones where a driving ban is not mandatory:

• In charge while unfit;
• In charge with excess alcohol;
• Failing to co-operate with a preliminary test;
• Failing or refusing to provide an evidential specimen when not “driving or attempting to drive”;
• Failure to allow specimen to be subjected to laboratory test when not “driving or attempting to drive”.

However, the Court would normally approach matters on the basis that a ban should be imposed, unless the Defendant is able to establish a satisfactory reason for not facing disqualification. The onus is very much on the Defendant to convince the Court not to impose a ban and it should be assumed that the mere fact that the Court has discretion, does not mean the Court will be willing to exercise same.

Generally speaking, the higher the speed, the greater the risk of an instant disqualification and as a general rule of thumb, when the speeding offence is in excess of 45% of the speed limit, there is a risk of an instant disqualification.

Any driving ban has an immediate effect. This means that you will not be allowed to drive home following a Court hearing.

It can vary from 7 to 56 days in most cases but in extreme cases, could be as long as 120 days.

The range of penalty points is 3–6 but in certain circumstances, the Court will impose an immediate disqualification and no points. However, if you already have 6 or more points on your licence and the speed alleged is so high that you would normally face an instant disqualification, the probability is that the Court will impose 6 points which would make your total 12 or more and you would face a totting up ban of 6 months.

In some cases, such as drink driving or death by dangerous driving, a driving ban is obligatory. However, for other driving offences, disqualification is discretionary and it is therefore possible to avoid a driving ban if the correct mitigation is presented to the Court.

Although under the totting up procedure a driving ban is mandatory, the Court does in fact have discretion and a totting up ban can be avoided if the Court accept a submission of exceptional hardship.

Before imposing any discretionary driving disqualification, the Court will allow the motorist the opportunity to plead for their driving licence. The Court will take into account the individual’s circumstances to include the circumstances of the offence and the effect a driving disqualification would have. If the Defendant can show that having taken into account all of the information available, a driving ban would be an exceptionally harsh punishment, the Court can exercise discretion and allow the Defendant to keep their licence.