Usually driving disqualifications last between 7-56 days. In more serious cases a disqualification could last up to 120 days.
The court will consider your letter of mitigation when sentencing you, as well as your personal circumstances. Therefore, it is possible that the court may impose a higher fine and more penalty points instead of disqualification. However, this is not guaranteed, particularly if you face disqualification because you have obtained 12 penalty points over three years.
A plea of mitigation states all the reasons why the court should impose a lenient sentence upon you. You can make your plea of mitigation in court in person or by sending the court a letter of mitigation when pleading guilty by post. Generate your letter of mitigation here.
A mandatory disqualification arises when you obtain 12 penalty points on your driving licence over three years. The court is required to disqualify you from driving for six months unless it would cause you exceptional hardship. When your driving licence is returned to you it will be clean of any penalty points.
A discretionary disqualification will be given by the courts if you have seriously violated the speed limit and they believe it is appropriate to impose a driving ban. This driving ban can be shorter or longer than six months depending on the seriousness of the offence and the licence may be returned to you with previous penalty points still valid.
There is no set definition of exceptional hardship as it varies between cases. However, you will be required to show that disqualification would have far greater implications for you than it would for any other person facing disqualification. The fact that you will lose your job is usually insufficient. If you have relied on exceptional hardship in the past three years then you cannot rely on these facts again.
There is a limited chance that you can appeal your disqualification. If you have been disqualified for two years or more you can apply to the Magistrates’ Court to restore your driving licence. The Magistrates’ Court will only remove your disqualification in limited circumstances. 24-7LAW offers several services that may help you. We can guide you on your potential options, assist you in managing your response and even refer you to a solicitor, if you so wish. If you would like to know more about these services please click PROCEED.
If your case goes to court, you face disqualification or your case involves technical legal arguments, it is advisable to instruct a lawyer. However, you are not required to have a solicitor or barrister and you are allowed present your own case in court. In many cases defendants are confident enough to defend their case and discuss the facts; however, a legal representative is advisable to address the legal arguments which arise. 24-7LAW offers several services that may help you. We can guide you on your potential options, assist you in managing your response and even refer you to a solicitor, if you so wish. If you would like to know more about these services please click PROCEED.
If you were disqualified because you obtained six penalty points during your probationary period then your new licence will be clean. However, if you were disqualified in other circumstances penalty points may remain valid on your new licence.
