Obligatory disqualification

What is an obligatory disqualification?

It is when the court must disqualify someone from driving for a motoring offence for at least the prescribed minimum period. The most common offences are drink driving, drug driving and dangerous driving — each carrying a minimum 12-month ban.

How can you avoid it?

The only way to avoid an obligatory disqualification is if you have a defence to the matter, or if there are special reasons not to disqualify you.

Examples of defences: for drink driving, that you were not driving or were not on a public road; for dangerous driving, that your driving did not fall far below the standard of a reasonable and competent driver.

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: laced drinks in a drink-driving case; a genuine emergency in a dangerous-driving case.

The onus is on the defence to establish the special reason, on the balance of probabilities, normally by calling evidence. Even where a special reason is found, the court retains a discretion to disqualify or endorse.

Appeals

You can appeal against the length of a disqualification to the Crown Court, heard by a judge and two magistrates. If you lose, the judge could increase the original sentence and order additional costs.

• To advise whether you have a defence, or whether special reasons apply
• To advise on your risk of disqualification and points
• To gather and check the supporting documents the court needs to see
• To represent you in court and keep any ban to a minimum
• To handle an appeal — including applying to suspend the disqualification pending appeal