Avoiding a Driving Ban
Universal Motoring Lawyers with lead specialist lawyer Warren Bergson are highly experienced in saving your driving licence whether you are facing a disqualification under the totting up rules (12 penalty points) or because of the serious nature of the offence or as a persistent offender.
When is a Driving Ban Imposed?
There are a number of situations where the court can or must disqualify you from driving:
1. Endorsable offences e.g. speeding or using a mobile phone. The court can decide to ban you instead of imposing penalty points.
2. Totting Up – If you reach 12 Penalty Points or more within a 3 year period, you will be disqualified for a minimum of 6 months. However if you can prove “Exceptional Hardship” the court can decide to reduce this period or not impose any ban at all. If you do receive a totting up ban it “wipes your licence clean” of all penalty points.
3. Mandatory Disqualification – more serious offences such as drink-driving or dangerous driving carry an automatic ban of at least 12 months unless you can satisfy the court that there are ‘Special Reasons’ not to disqualify. The Special Reasons that a court can accept are extremely limited. For example, in drink-driving cases Special Reasons could include shortness of distance driven, medical emergency or laced drinks. The latter will require expert evidence from a qualified scientist to prove that but for the laced drinks you would have been below the limit.
Removal of Disqualification
A very lengthy disqualification can be very damaging e.g. loss of your job or business or major disruption to family life. The financial consequences for you and your family could be very severe indeed. The court has power to cancel a ban before the period of disqualification is over. The date on which you can apply varies according to the length of the ban. However if the ban was for 2 years or less the court will not consider a reduction.
When an application is made to lift a ban the court must take into account your character, conduct since conviction, the nature of the offence and any other relevant circumstances. We have had many notable successes in getting bans removed.
Driving whilst Disqualified
Driving whilst disqualified is considered very seriously by the courts.
Normally the minimum sentence is a community order (e.g. unpaid work) although some courts will impose a prison sentence. The maximum sentence is 6 months imprisonment. You will usually also receive 6 penalty points. However the court can impose a further driving ban instead of giving points. Warren Bergson will fight to get you the most lenient sentence.
In very rare cases it may be possible to argue that “Special Reasons” exist for not giving penalty points. In very limited circumstances the fact that the driver did not know he was disqualified can allow the court to take a lenient course.
There is a separate and much more serious offence where a driver who is disqualified causes a death on the road. The maximum sentence is 2 years imprisonment and there is a minimum disqualification of 12 months. The court can also order a re-take of the driving test. In addition a fine can be imposed and there will always be an order to pay prosecution cost and Victim Surcharge.
Keeping you on the road
It’s no surprise that hundreds of drivers have chosen Universal Motoring Lawyers and lead lawyer Warren Bergson to keep them driving. If you are facing a 6 months (or more) ban because you have accumulated 12 penalty points Warren will obtain from you all possible information to put together a powerful argument that there would be “Exceptional Hardship” if you were banned. Armed with experience from hundreds of cases we know exactly what the courts are looking for in this type of case. When your licence is at risk it pays to call in the experts. With Universal Motoring Lawyers you can be sure of the best legal advice and sensitive handling of your case at a very stressful time.