How do I avoid a driving ban?


Can I avoid a driving ban?

Court sentencing guidelines and the options available to the Court


Mandatory Disqualification

For some offences, such as drink driving or death by dangerous driving, a driving ban is obligatory. If you are convicted, the Court has to impose a ban, regardless of the circumstances. However, it is still worth seeking advice / guidance as mitigation presented should reduce the length of the ban and the amount of the fine.

Court Guidelines

Instant Discretionary Driving Ban

Most offences carry the potential of a discretionary disqualification instead of penalty points. An instant ban would typically range from 7 to 56 days, depending on the severity of the incident, circumstances etc., but the Magistrates have complete discretion and in extreme cases, a ban can be significantly increased. Likewise, a ban can be avoided completely, subject to mitigation presented.

Mitigation

Reaching 12+ Penalty Points

If the Court imposes penalty points for an offence, which then means you have accumulated 12 or more points for offences committed within 3 years, you then face a 6 month totting up disqualification. A totting up ban can be avoided completely if an exceptional hardship submission is accepted by the Court.

Exceptional Hardship

Special Reasons

Special reasons occur when the Court concludes that whilst the offence is proved, the circumstances relating to it are such that the Defendant should not receive penalty points or disqualification. Special Reasons cannot be used to reduce the number of points, if the Court finds Special Reasons, there must be no endorsement at all. Special Reasons do not amount to a "defence".

Not Guilty Plea

Clearly, the best way to prevent disqualification is to avoid conviction in the first place. In many cases, it is feasible that there is a viable defence, whether that be because the allegation is simply incorrect or because the Police have not prepared their case properly / have failed to understand the basis of the defence.

Pleading Not Guilty

Newton Hearing

If you admit the nature of the offence but dispute the severity of same, you can reduce the penalty and the prospects of disqualification via a Newton Hearing. For example, if you accept that you were speeding, but deny travelling as fast as alleged, if via the Newton process you persuade the Court that you were travelling more slowly (albeit still above the speed limit) the punishment will be reduced and that could result in a ban being avoided.


Will I be banned?

Mitigation

Persuade the Court to impose a lenient penalty


What is a Plea in Mitigation / Mitigating Circumstances?

If you have pleaded guilty or have been found guilty, before the Court imposes any punishment, you will be given the opportunity to present a Plea of Mitigation to persuade the Court to impose the most lenient penalty possible. It can be by personal attendance, or at the Court's discretion, in writing. You can use this process to present mitigating circumstances to encourage the Justices to:

  • Reduce penalty points to the lower end of the scale (if the penalty is not fixed);
  • If you are at risk of an instant ban, persuade the Court to impose points instead;
  • If a ban cannot be avoided, reduce its duration; *
  • If more than one offence is alleged, convince the Magistrates to impose points for one charge only;
  • Reduce the amount of the fine / increase the length of time allowed to pay;
  • Satisfy the Magistrates there is no need for a Court appearance;

* This will require a personal attendance at Court

What should I bear in mind when presenting mitigation to the Court?

  • Use the process to your advantage

  • This is your opportunity to persuade the Magistrates to exercise leniency and ideally on the best terms. It is important that the submission you present is relevant, succinct and pertinent.

  • Do not confuse mitigation with a defence

  • Do not inadvertently raise aggravating factors

  • Be conscious of how the Court will interpret your submission. What you believe may be mitigation, the Court may view as aggravating circumstances, which could result in a more serious penalty.

  • Seek legal advice

  • If you have never presented a submission to the Court, it is important seek legal advice as it can be difficult to establish what information is relevant and what might count against you. Guidance can also provide you with reassurance and prevent unnecessary worry if you are unfamiliar with Court processes etc.


Legal Advice

Exceptional Hardship

Avoid a totting up disqualification for reaching 12+ penalty points


What is exceptional hardship?

There is no specific legal definition. Exceptional hardship will vary according to the circumstances of the Defendant who will be expected to establish the loss of a driving licence, would go far beyond the inconvenience that would normally be anticipated. The Court will automatically assume that any suspension will result in hardship and will emphasise that is the purpose of a disqualification. You need to show that your reliance upon the licence is so great, that it would be nigh on impossible to cope with a ban, i.e., the hardship caused would be "exceptional".

An exceptional hardship submission does not have to be limited to the licence holder. A ban can potentially be avoided if it can be demonstrated that other parties, who are reliant upon the Defendant to drive, would be adversely affected and unable to overcome the adverse implications that would arise should the Defendant be banned. It therefore makes sense for all aspects of the exceptional hardship case to be considered. Even if you feel that you personally can cope, it may be that the implications for others would avoid a ban regardless of whether you can get by personally.

It is therefore essential that your case is not only properly prepared but does not give the Magistrates an option to suggest that there are alternative solutions or the effect of the ban would not be so bad that you cannot cope. The standard imposed can be quite high, so it is essential that all issues are correctly addressed.

I have successfully argued exceptional hardship in the past. Can I use the same arguments again?

You would only be able to use the arguments again, if more than 3 years has expired since the previous hearing. Otherwise, you would have to rely upon new reasons for your exceptional hardship case.

What if I can show I will lose my job as a result of a driving ban?

The Court will consider this issue, but loss of employment alone is not normally sufficient as most courts will point out, the Defendant would have undoubtedly been aware of the effect that a ban would have on employment before the offence was committed. That said, loss of employment can be used to develop further themes, which combined, can prevent a ban.


Totting Up

Pleading Not Guilty

Defending an allegation


If you enter a not guilty plea, you must assume that the case will be listed for full trial, at which, you and the prosecution witnesses will attend to give evidence / face cross examination. Before you enter a not guilty plea, you should seek advice on the prospects of success and potential implications.

What defences are available? How do I defend an allegation?

The way to defend an allegation will vary according to the nature of the offence. Any defence must be absolute, meaning that that the allegation is denied in its entirety and although the burden of proof would normally be on the prosecution to prove the case, the Defendant will have to ensure that his defence covers all aspects of the allegation in order to have any prospect of an acquittal or not guilty decision.

It needs to be understood that there is a distinct difference between defending an allegation, a plea of mitigation, special reasons and exceptional hardship.


Legal Advice

Preparing for Court

How to prepare your case for the best prospects of success


Why do I need to instruct a lawyer in order to retain my driving licence?

When you attend Court, the Magistrates will expect you / your representatives to have thoroughly prepared the case. There is no obligation at all upon the Magistrates to assist you in any way, they are simply there to consider what penalty to impose based on the allegation and the mitigation presented. It therefore makes a great deal of sense to obtain professional guidance to help you understand the way the Court works, what will be expected of you at the hearing and how to build a case to have the best prospects of success. Each case is different and will be interpreted on its own merits by the Magistrates. What may work for one individual could work against another. A detailed review and thorough preparation are essential so that when you do attend Court, you are comfortable that your mitigation submission will be the strongest possible.

By instructing or obtaining advice from a specialist motor lawyer, all aspects of the case will be correctly and thoroughly prepared.

Motor Lawyers can assist you. We can review the offence and advise on the plea, likely penalty and how to influence that outcome favourably. If there are special reasons or other basis to minimise the punishment, we can advise in that respect, alternatively, if it is clear that the offence will be proved, we can prepare mitigation with a view to minimising the penalty / avoiding a ban. If you face a totting up disqualification, we can prepare an exceptional hardship submission. Even if it is clear that there is no prospect at all of avoiding disqualification, we can still support you in reducing the length of the ban and minimising the fine, as well as guiding you through the Court process, so that that is as comfortable as possible.

Attending Court Seeking Advice

How can I establish the prospects of success?

If you are uncertain about the strength of your case, need guidance or assistance, Motor Lawyers will review the case in detail and discuss the issues with you via our Summary Advice service.


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