Driving Ban Frequently Asked Questions

Driving Ban FAQ

Frequently Asked Questions
Penalties / Ban / Revocation
Maximum Ban by Driving Offence
Will I be banned from driving?
How will I know if I face a ban?
What are the Court guidelines/maximum driving ban?
What is a discretionary driving ban?
What is a mandatory driving ban?
Maximum Penalties for Driving Offences
What is the maximum fine / points / ban?
How is the fine calculated?
What is the better outcome, points or a ban?
What is the likely penalty in my case?
When is a prison sentence likely?
Totting Up Ban
What is the definition of totting up?
How does the totting up procedure work?
How do I avoid a totting up ban?
How long does a totting up ban last for?
Can a totting up disqualification be longer than 6 months?
Am I at risk of totting up?
Can I reduce the potential number of penalty points to avoid a totting up ban?
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 if I cannot accept it?
What happens if I am at risk of totting up, but accept the Fixed Penalty Notice anyway?
Can I appeal a totting up ban?
What are the rules for new drivers?
New Drivers Act / Driving Licence Revocation
What is the 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?
How do I 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My licence has been revoked.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I have received 6 points but I've not been told that my licence has been revoked.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My licence was revoked so I have retaken and passed the driving test.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?
I have held a non-exchangeable driving licence for many years. Will I be subject to the terms of the New Drivers Act if I pass a UK test?
Procedure / Court / Legal Advice
Legal Procedure & Paperwork
What is the procedure if caught by camera?
What is the procedure if stopped by the Police?
What if I already have 9 points?
Do the Police have to prove the offence when they stop me?
Do I have to say anything to the Police when stopped?
Do the Police have to serve evidence with the Court process?
Notice of Proposed Disqualification
What is a Notice of Proposed Driving Disqualification?
Why have I received a Notice of Proposed Driving Disqualification?
What happens if I do not respond to the Notice?
Can I still prevent a ban?
Am I not automatically entitled to have my day in Court?
The Notice of Proposed Driving Disqualification is the first communication I have received. Why is that?
If a hearing date is allocated, can I be represented?
If I do not request a hearing, but provide a written submission, can I still avoid a ban?
If a Notice of Proposed Driving Disqualification has been issued, is it not inevitable that a ban will be imposed?
What if I am at risk of a totting up disqualification?
I have received more than one Notice. What should I do?
How do I avoid a driving ban?
Can I avoid a driving ban?
What Are Special Reasons?
What is Mitigation?
What is a Plea in Mitigation / Mitigating Circumstances?
What if I don't think I have any mitigation?
What is exceptional hardship?
What if I can show I will lose my job as a result of a driving ban?
Is my exceptional hardship case strong enough?
I have successfully argued exceptional hardship in the past. Can I use the same arguments again?
How do I defend an allegation?
What defences are available?
How do I obtain the evidence?
Why do I need to instruct a lawyer/solicitor in order to retain my driving licence?
How can I establish the prospects of success?
Attending Court for a driving offence
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?
Seeking Legal Advice
When should I seek legal advice if I face a driving ban?
What are the benefits of instructing a lawyer?
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?
I've been 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?
Can I apply for my licence to be returned before I have served the full ban?
I was ordered to retake my driving test. Do I need to apply for a provisional licence?
How to 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?
Effect a driving offence has on Insurance
Do I have to inform my insurers if I receive penalty points or a driving ban?
What if I don't tell my insurers about my penalty points?
What affect will penalty points have on my insurance premiums?
What affect will a driving disqualification have on my insurance?
For how long is a conviction of interest to my insurers?
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?
Driving Offences
Speeding Ban / Speeding Offences
What is the maximum penalty for a speeding offence?
I have been caught speeding. Is an instant speeding 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 speeding ban?
I was speeding because of a genuine emergency. Is this a defence?
What if I deny the speed alleged?
Can I reduce the penalty points?
I have received a Single Justice Procedure Notice, does that mean I cannot be banned as I do not have to attend Court?
How is a speeding fine calculated?
Careless Driving
What is careless driving?
Will I be offered a driver improvement course?
What is the penalty for careless driving?
Why am I also being prosecuted for failing to stop / report?
Will I be banned from driving?
Why have I been asked to attend Court in person?
I have been warned by the Court I face a ban, what can I do?
Is there a defence?
What if I did not know I was involved in an accident?
Dangerous Driving
Is dangerous driving a serious allegation? Will I be banned?
What is dangerous driving?
Do I have to be involved in an accident to be convicted of dangerous driving?
Can I reduce the penalty?
What is the difference between dangerous and careless driving?
How easy is to persuade the Police to reduce a dangerous driving offence to careless driving?
Should I seek legal advice?
Drink Driving Ban
What is the drink driving limit?
What is the minimum penalty for a drink driving offence?
What is the minimum drink driving ban?
What is the maximum penalty for driving under the influence?
What are the Court Sentencing Guidelines for drink driving offences?
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?
Can I get the case dismissed?
What if my drink was spiked?
What if it was an emergency?
What if I was not driving on the road?
I had no intention of driving, do I have a defence?
How long does a drink drive conviction stay on my driving licence?
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 penalty for driving whilst disqualified?
What is the minimum penalty for driving whilst banned?
Is there anything that can be done to reduce the penalty?
I was not aware that I was banned. Is this a defence?
What is the difference between driving whilst disqualified and driving otherwise than in accordance with licence?
Drug Driving
What are the drug driving offences?
What is the penalty for drug driving?
What are the Court Sentencing Guidelines for drug driving offences?
Are all drugs illegal?
Do the Police have to show that the drugs affected my ability to drive?
What drugs are on the controlled list?
What if I was prescribed the drugs?
Are there defences available?
What if I wasn't impaired?
What if I didn't realise I would still be affected?
If I face a ban, is there any point instructing a lawyer?
Level Crossing
Is contravening Level Crossing Regulations a serious allegation?
What is the normal penalty range for a level crossing offence?
Is there a genuine risk of disqualification?
Can I deal with my case in my absence / writing?
Are there any defences?
Mobile Phone (Using)
What is the penalty for using a hand–mobile phone whilst driving?
Can I be banned for using a mobile phone whilst driving?
What if I was not using my phone?
What if the Police Officer refused to look at my mobile phone?
Will the Court impose a higher punishment if I have rejected a Fixed Penalty?
Is there a plea bargain option?
Will the Court always believe the Police Officer?
No 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 comprehensive policy 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 prosecuted for driving uninsured and failing to produce an insurance certificate. Why have I been charged for the same offence twice?
I have been prosecuted for driving uninsured, but I can prove I had insurance at the time of the offence. Will I still be convicted?
I was driving a company car and my employer forgot to insure me. Do I have a defence?
I was driving my parent's car and they forgot to add me to their policy. Is this a defence?
Traffic Light / Red Light
Will I be banned for driving through a red light?
What is the penalty if the case is referred to Court?
Why has the Court demanded I attend in person for a red light offence?
The Police Officer said I went through a red light. I don't think I did, what should I do?
When should I seek legal advice?