Guide to Penalties & Disqualification

Guide to Driving Penalties & Disqualification

We have broken down the different scenarios which can lead up to a disqualification and we also explain how you can apply to have your licence reinstated after disqualification:

Driving awareness courses

If you have no points on your licence then the Police may exercise their discretion and offer you the opportunity to attend a driver awareness course. This will avoid points being endorsed on your licence.

If you attend a driver awareness course you may be required to inform your insurer or you might be asked on renewal to confirm that you have attended a course.

Totting Up

Totting up is the process by which penalty points are added to your licence. Points remain active for three years. If you receive 12 points during a three-year period then you are liable to a totting up disqualification of 6 months or more.

Exceptional Hardship applications

If you are facing a totting up disqualification you may be able to argue if you are disqualified then someone (it need not be you) will suffer exceptional hardship. If successful, the court can choose not to disqualify or disqualify for a shorter period.

It is advisable to get legal representation to help you prepare and present an exceptional hardship argument.

Discretionary or mandatory disqualification

Many offences not only carry penalty points but also give the court the power to disqualify. In cases such as drink driving the disqualification is mandatory. In other cases for example speeding the magistrates have discretion to either impose points or a disqualification. In each case it is advisable to have legal representation. In cases where disqualification is mandatory the court may also consider community orders or imprisonment making good legal representation even more important.

Drink drivers’ rehabilitation course

If you have been convicted of a drink drive offence then you may apply to the court to undertake a drink drivers’ rehabilitation course. This course is voluntary and if the court allows you to take the course and if you complete it before a set date then you can have your period of disqualification reduced by a quarter.

Application to remove disqualification

You can apply for your disqualification to be lifted after a set period of time and providing you meet certain requirements. We can assist you in preparing your application and argue the case for the disqualification to be removed at court.

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