Discretionary disqualification

What does discretionary disqualification mean?

It is when the court has a discretion to disqualify a person from driving for any motoring offence that carries points (endorsable offences). The most common offences are speeding, failure to give driver details, driving without due care and attention, and failing to stop and report an accident.

How can you avoid a discretionary disqualification?

• The court may be persuaded to impose penalty points rather than a ban in appropriate circumstances — for example if the offence is not very serious, or if you would lose your job. Each case depends on its own facts.
• The court may find special reasons not to endorse points or impose a disqualification.

What are special reasons?

A special reason is a reason that is not a defence, is a mitigating or extenuating factor, is directly related to the commission of the offence, and is a factor the court ought properly to take into consideration when sentencing. Examples depend on the offence — for speeding, a genuine emergency; for no insurance, being misled into believing a policy was in force.

The onus is on the defence to establish a special reason, on the balance of probabilities, and the defence will normally be required to call evidence. Even where the court finds a special reason, it retains a discretion — it simply means the court is not obliged to endorse or disqualify.

Points or a ban — but not both

The court will impose either a disqualification or penalty points for an offence. It cannot impose both for the same offence.

Appeals

You can appeal against the length of a disqualification. The appeal is heard in the Crown Court by a judge and two magistrates. There are risks: the judge could increase the original sentence if you lose, and order additional costs.

• To advise whether you have a defence, or whether special reasons apply
• To assess your risk of a discretionary disqualification or penalty points
• To tell you what supporting documents you need — and check they are appropriate
• To write to the court, or represent you in person
• To argue for points instead of a ban (or a ban instead of points, where that is the better outcome for you)
• To minimise the points imposed, or keep any ban as short as possible
• To handle an appeal — including applying to suspend a disqualification pending the appeal