Driving Ban FAQ
Speeding Offences & Instant Driving Ban
- What is the penalty range/maximum punishment for speeding offences?
- What is the maximum speeding penalty/fine/speeding ban/penalty points/Court Guidelines?
- I have been caught speeding. Is an instant driving ban likely?
- What is the likely length of an instant ban for a speeding offence?
- Is there any discretion on an instant speeding disqualification?
- I have been caught speeding at more than 100 mph on the motorway. Is a ban automatic?
- Is it possible to avoid an instant ban?
- The only reason that I was speeding was because of a genuine emergency. Is this a defence?
Totting Up Ban
- How does the totting up procedure work?
- How long does a totting up ban last for?
- Can I avoid a driving ban if I reach 12 penalty points or more?
- How long do penalty points/offences remain on my driving licence?
- Some of my points expire before my Court appearance. Will I still face a totting up ban?
- My points were due to expire shortly after the most recent offence was committed. Will the Court take this into account?
- Can I be banned from driving under the Fixed Penalty Notice System?
- Why have I received a Fixed Penalty Notice when I have 9 points on my licence?
- What happens if I have 9 points, but accept the conditional offer / Fixed Penalty Notice anyway?
- What are the rules for new drivers?
Driving Offences & Mandotory/Discretionary Driving Ban
- What is a discretionary driving ban?
- What type of driving offences carry a discretionary driving disqualification?
- What is a mandatory driving ban?
- What type of motoring offences are punished by a mandatory driving disqualification?
How to Avoid a Driving Ban
- Can I avoid a driving ban?
- What do I need to show to prevent or escape a driving ban?
- What is Exceptional Hardship?
- I have successfully argued exceptional hardship in the past. Can I use the same arguments again?
- What if I can show I will lose my job as a result of a driving ban?
- What defences are available? How do I defend an allegation?
- What is a Plea in Mitigation? / What are Mitigating Circumstances?
- What are Special Reasons?
- How can I put a submission to the Court?
- How can I establish the prospects of success?
- Why do I need to instruct a lawyer/solicitor in order to retain my driving licence?
Procedure and Paperwork
- What is the procedure if caught by camera?
- What is the procedure if stopped by the Police?
- What paperwork will I be expected to produce at the Police Station?
- Do the Police have to prove the offence when they stop me?
- Do I have to say anything to the Police when stopped?
Attending Court
- Which Court will deal with my case?
- How long will it take my case to get to Court?
- Do I have to attend a Court hearing?
- How long will a hearing last for a personal attendance?
- Will my case be dealt with at one hearing?
- Will the Court assist me at the hearing?
- Is the Court not obliged to instruct a Duty Solicitor to represent me?
- Can I represent myself at Court?
- What are the benefits of being legally represented at the hearing?
Legal Advice
- When should I seek legal advice if I face a driving ban?
- Can I use the local/duty solicitor?
- Can I apply for Legal Aid for motoring cases?
- Will my insurers pay my legal bill?
- How can I tell whether my lawyer specialises in motoring law?
- How much will I pay for a motor lawyer?
- Can I obtain free legal advice?
Effect on Insurance
- Do I have to tell my insurers if I receive penalty points or a driving ban?
- What affect will penalty points have on my insurance premiums?
- What affect will a driving disqualification have on my insurance?
- Anything else?
- Will it be impossible to obtain insurance once I finish a driving ban?
- Can I insure against the cost of Court proceedings or losing my driving licence?
New Drivers Act
- I am a new driver. What happens if my driving licence is revoked?
- Can the DVLA revoke my licence without prior warning or a Court attendance?
- Do the DVLA, the Police or the Courts have to warn me that my licence could be revoked?
- Is there any way I can avoid revocation of my driving licence?
- My licence has been revoked. Can I appeal?
- I have received 6 points but I've not been told that my licence has been revoked. Can I continue driving?
- My licence was revoked so I have retaken and passed the driving test. Are my penalty points removed from my licence?
- Does it follow that the New Drivers Act only applies once?
- I am a new driver. If I receive an instant driving ban do I have to re–sit the driving test?
- I already have 6 penalty points on my provisional licence. Can I actually take a driving test and if I pass, will my licence be revoked immediately the full licence is issued?
- Can my provisional licence be revoked?
- I passed my car test many years ago but I have now passed a bike test. Am I subject to the New Drivers Act?
- I have swapped my foreign licence for a UK licence. Am I subject to the provisions of New Drivers Act?
- I hold a foreign car licence. I swapped it for a UK car licence. I now want to take a UK bike test. How does this affect things?
Appeal a Driving Ban
- If I am banned from driving, what can I do about it?
- How does the appeal procedure work?
- I have just been to Court and have been banned from driving. How long have I got in which to lodge an appeal?
- If I appeal can I drive whilst I wait for the Crown Court hearing?
- On what basis can I appeal?
- I have been convicted in my absence, because I did not know about the hearing. How do I appeal?
- If I win my appeal will I get my costs back?
- I did not realise the implications of the hearing so I did not obtain legal advice and I have now been banned. What can I do about it?
- My circumstances have changed since my original Court hearing. Can I appeal for a reduction in my ban?
Banned from Driving
- I have been banned from driving. What happens next?
- Will I now have a criminal record? / Is a driving ban a criminal offence?
- Can I ride a moped or motorbike when banned?
- I was banned for speeding on my motorbike. Can I still drive my car?
- Can I drive abroad?
- Can I apply for a foreign driving licence?
- Can I supervise a learner driver?
- I am already banned but cannot recall the period of disqualification. How can I find out how much longer I need to serve?
- How do I get my licence back after a ban?
- I was banned but why have my previous penalty points not been removed from my driving licence?
- I was ordered to retake my driving test. Do I need to apply for a provisional licence?
Drink Driving Ban
- What is the drink driving limit?
- What is the minimum punishment for drink driving offences?
- What is the minimum drink driving ban?
- What is the maximum penalty for driving under the influence?
- What if this is my second drink drive offence?
- What if a driving ban will result in me losing my job?
- What other factors will the Court take into account?
- Is there any benefit from instructing a lawyer if a driving ban is inevitable?
- How long does a drink drive conviction stay on my licence?
- Where can I find further information and more detailed advice?
Driving Without Insurance
- I have been stopped by the Police for driving without insurance. Do I face a driving ban?
- Can I receive a Fixed Penalty for driving with no insurance?
- My insurance policy expired and my insurance company failed to notify me. Is this a defence to driving uninsured?
- I was driving a friend's car and I thought my policy comprehensive covered me for driving other cars. Now I realise it does not. Have I committed an offence?
- I allowed a friend to drive my car believing they were insured when they were not. Where do I stand?
- I was stopped for having no insurance. The Police have now impounded my car. Are they entitled to do this?
- I was stopped for no insurance but have been summonsed for driving uninsured and failing to produce an insurance certificate. Why have I been summonsed for the same offence twice?
- I have been summonsed for driving uninsured, but I can prove I had insurance at the time of the offence. Will I still be convicted?
- Where can I find out further information and more detailed advice?
Driving Whilst Disqualified
- Am I likely to get caught if I drive whilst disqualified?
- What happens if I do get caught driving on a ban?
- What is the maximum punishment for driving whilst disqualified?
- What is the minimum punishment for driving whilst banned?
- Is there anything that can be done to reduce the penalty?
