Which drink driving offences carry the option for a discretionary driving ban?

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.

Article printed from Driving Laws: http://www.driving-laws.co.uk

URL to article: http://www.driving-laws.co.uk/which-drink-driving-offences-carry-the-option-for-a-discretionary-driving-ban/

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