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subject: The Penalties Associated With Motoring Offences [print this page]


If you're a UK motorist then you are undoubtedly aware of the multitude of road laws and offences that you can be stopped for.

A disqualification from driving can range from one year to ten years depending on the severity of the offence. There are also cases where a judge will rule that the offender should serve a lifetime disqualification to avoid putting the lives of others at risk. When the offence is less severe you may be required to serve a Short Period Disqualification (SPD) which is less than 56 days. You will need to give your licence to the court for the period of time and a permanent record will be made but it will not be surrendered, you will not be required to retake a test and you can start driving once the SPD has expired.

When offences are less severe, offenders may be required to serve a Short Period Disqualification (SPD) which is less than fifty six days. The court will keep your driving licence for the duration of the period but it will not be revoked, you will not need to retake a test and you can start driving once the SPD has expired. If you have served a full driving ban you can apply for your licence once it has expired which can be done by filling in the correct forms available online or at a post office. At this stage you will only receive a provisional driving licence so you can apply to re-take the theory, hazard perception and practical test.

Failing to stop after an accident: The offence here is being a driver of a mechanically propelled vehicle in the presence of which a road traffic accident occurred where personal injury or damage was caused to another person and or vehicle. Further to this, if you also fail to stop after injuring an animal not in the vehicle or properties on or near the road and fail to stop then you break the above law. Penalties, understandably for these offences can be severe, with 6 months in prison and or a fine not exceeding 5000 likely. However If you can satisfy the Court that you were unaware that an accident had occurred this may be a defence to the charge.

A driver may be allowed by a court to only serve half their disqualification if they have undertaken driving improvement courses or other steps to ensure safer driving once qualified. The effect of the ban on an individual's family life or career may also be considered by the court. Disqualifications longer than 2 years may be overturned after half the proposed disqualification period, for example for a ban of 6 years you can apply after 3. If you re-offended, driving or otherwise, since your disqualification the court will instantly dismiss your application. If you drive whilst banned you may face a custodial sentence and a hefty fine.

by: Paul Myers..




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