There are three categories of disqualification:

• (a) Obligatory
• (b) Penalty points
• (c) Discretionary

Obligatory

Where an offence carries obligatory disqualification, there must be an order of disqualification unless there are special reasons.

As far as the minimum period for which the Court must disqualify is concerned:

• (a) The minimum is usually 12 months.
• (b) For the most serious offence such as causing death by dangerous driving there is longer minimum of 2 years.
• (c) The minimum of 2 years must be imposed when the Defendant has been disqualified for 56 days or more at least twice in the 3 years preceding the commission of the offence in question.
• (d) There is a minimum sentence of 3 years disqualification where the Defendant is convicted of alcohol related offence which was committed within 10 years of the date of conviction of an earlier alcohol related offence.

Penalty Points- Totting Up

This applies where the Defendant tots up to 12 or more points within 3 years. Such a “totter” is then disqualified for a minimum of 6 months, in the absence in clearly defined mitigating grounds.

If you have one previous disqualification or over 56 days that minimum increases to one year, and if you have two such previous disqualifications then the minimum becomes two years.

If you find that you are facing a disqualification because of totting up, you may escape a disqualification if the court can be convinced “in all the circumstances” that there are mitigating grounds.

Our road traffic specialists have an extremely good record of successfully arguing why you should keep your licence. Careful case preparation and presentation is essential. Through experience we know what factors the court will, and will not take into account. You have one chance to keep you licence, and we strongly recommend you obtain expert advice and assistance and not try to represent yourself in court.

Discretionary

The Court can disqualify for a specific offence where it imposes less than 12 points.

For example if you have been convicted of careless driving the court has the discretion to disqualify.

If you or any member of your family is facing a driving ban, contact MTA Solicitors today for free advice about your case.