How to Avoid a Driving Ban
How to Avoid a Driving Ban
How to Avoid a Driving Ban
The simple answer to avoiding a driving ban is to follow the rules of the road, to drive sensibly and safely. However, being banned from driving is not always incurred as a penalty for straightforward dangerous driving; in some circumstances, points can be accrued - and your license taken away - for a variety of motoring offences. These can range from the very serious to those more obscure offenses that many people may not even consider while driving, being less cognisant of the possible consequences. As a driving ban can have very damaging repercussions on your mobility and potentially your income (if you need to drive for work) it is essential for British drivers to become more aware of the common reasons licenses are taken away under British law. This article outlines the legal repercussions, and possible remedial action which can be taken, if you realise you are at risk of incurring a driving ban.
Reasons why you might be banned from driving in the UK:
Every year an average of up to a 250,000 motorists are subject to a driving ban. Indeed, for the majority of the public, a motoring offence is the only time they will be involved with the criminal justice system. You can lose your driving license for a variety of reasons, including:
Individual Offences. There are offences considered severe enough to carry an obligatory driving ban, such as dangerous driving or driving while unfit (under the influence of drugs or alcohol, and refusing to test for either), and causing death by dangerous or careless driving. There are also a variety of other offences that have a discretionary speeding ban attached to them, such as failing to stop after an accident or failing to report an accident, driving without insurance, excessive speeding or traffic light offences.
"Totting Up". When a driver's license accrues 12 penalty points within a 3 year period, an automatic disqualification of 6 months is imposed by the Court guidelines. These penalty points are added to your license if you are caught breaking the law whilst in charge of a vehicle, whether or not the vehicle is your own. The number of points awarded depends on the offence (for example, charges of speeding are subject to 3-6 points, whilst failing to stop after an accident or failing to report it gain between 5 and 10), and can be given for those already mentioned, as well as any of the following: driving without due care and attention; driving a vehicle with defective brakes; using a hand-held mobile telephone whilst driving.
The New Drivers Act. If you amass 6 penalty points within the first 2 years of gaining your license it will be revoked.
Why you should take legal advice if you are facing a ban:
If you do lose your license and are given a ban, you will be required by law to appear before a magistrate, at which time you will be given the opportunity to speak for yourself and legal representation will be permitted. There is no guarantee that having legal representation will result in escaping a ban, but for peace of mind and to ensure you arrive at the best possible legal outcome, it is undoubtedly in your best interests to have a solicitor present at any such hearing. A common myth which is often erroneously believed by those appearing without solicitors (and could land you in trouble in court) is that you do not have to disclose who was driving if your car is caught speeding on camera. In fact, under the 1988 Road Traffic Act, the registered keeper must - by law - identify the driver. If your car has been driven without your knowledge or consent but you are charged with speeding, a solicitor's advice can make the difference between a 6 point penalty or a successful defense; since you must prove that you exercised reasonable diligence' to stop the offense, or to find out the driver's identity- a piece of legal subjectivity which, without a solicitor's expertise, would be difficult for the lay person to define.
What is "Exceptional Hardship"?
Although the impact of losing a license is expected to be a serious disadvantage, and as such would be a reasonable consequence of the offence committed, prior to the imposition of a ban under the "Totting Up" system, a Defendant is given the opportunity to raise an exceptional hardship argument in order to persuade the Court that a ban should not be carried out. An exceptional hardship case is the only circumstance under which a ban for a license holding 12 points can be overturned. In order to make a case, the Defendant must establish the degree of hardship that will be suffered if they are deprived of their license; and it is for the Court to assess the severity of the implications and to decide whether that amounts to "hardship which is beyond that normally suffered". A solicitor who is experienced in what constitutes exceptional hardship can be immensely valuable at this juncture, in making sure that your case receives the correct preparation and high-quality advocacy.
Legal Loopholes
Moreover, as very strict rules apply in the prosecution of motoring offences, a solicitor is essential for spotting the potential loopholes. Solicitors can also make the process less intimidating by making the facts clear, since a common mistake for those charged with driving offenses is to rely on hearsay to guide their conduct after being charged with an offense. There are many urban myths regarding police regulations in regard to driving legalities. For instance, the regulations state that if you are caught speeding on camera, a notice of intended prosecution must be sent to the registered keeper of the car photographed to arrive within 14 days of the offence. Because of this, it is commonly believed that a notice received after 14 days is no longer valid. This is not the case. For a notice to be invalidated it would have to be dated 14 days or more after the allegation or not signed on behalf of the police. In these circumstances the offender cannot be prosecuted, so having the advice of a solicitor experienced in the legalities of driving offense regulations is a real asset.
Appeals
If you have been convicted of a motoring offence but are unhappy with the outcome, or feel that you have received an overly severe sentence, it may be possible to appeal or modify the decision of the Magistrates Court. In the event of an appeal, the advice of a solicitor is of course indispensable throughout the process; this involves what is essentially a re-trial in front of a Crown Court Judge and magistrates, none of whom will have had any prior involvement in your case. Solicitors can advise on your chances of success of an appeal, as well as the probable outcome and costs involved. The peace of mind and clarity which a solicitor can bring to the often complex and intimidating proceedings means that those who consult a solicitor are not only likely to achieve an optimum legal outcome; they will also avoid unnecessary worry and inconvenience from legal proceedings which could otherwise be much more protracted, confusing or stressful.
Are you are concerned about your driving license, or facing charges for any motoring offence? Whether you have been caught by a speed camera, or accused of dangerous driving, it is always best to seek professional advice. Pardoes Solicitors, based in Somerset, can help you keep your driving license. Visit www.pardoes.co.uk for practical guidance and legal assistance with any aspect of driving offences. In the meantime this article offers general advice only and should not be relied upon in any particular circumstance without taking further specific legal advice.
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