What Is A Discretionary Driving Ban And When Is It Enforced?

Copyright (c) 2011 Robert Gray

Driving offences are wide ranging : from failing to stop at a red light, to driving over the speed limit and driving under the influence of excess alcohol and many, many more offences which are carried out daily on the UK roads. Some driving offences are punishable by penalty points on the offender's driving licence, however, some offences are also punishable by a discretionary driving ban. This article looks at what exactly a discretionary driving ban is, when it can be used and which driving offences are most likely to result in a ban of this type being imposed.

A discretionary driving ban is a ban that can, but does not have to, be imposed by the court following certain driving offences. The court follows guidelines given to them and has a wide amount of discretion to decide whether or not a ban should be imposed on the offender. The court will take into account factors such as whether the offender has committed any previous driving offences, whether they are likely to commit driving offences in the future, the severity of the current driving offence, the offender's defence and any other factors that they, the court, feel are relevant. If the court do decide to exercise their power to impose a driving ban on the offender then the ban will take immediate effect.

Whilst some driving offences are only punishable with penalty points and fines, the offences that the court may decide should be punishable with a (discretionary) ban include careless driving, driving without insurance, traffic light offences (such as failing to stop at a red light), driving without a valid certificate of insurance, speeding offences, driving when disqualified, failing to stop and report an accident and driving otherwise than in accordance with their driving licence.

Many offenders, if found guilty of the particular offence they have been charged with, will try and avoid receiving a discretionary driving ban by pleading 'exceptional hardship'. That is to say, the Defendant is claiming that they will suffer exceptional hardship if they lose their driving license as the result of a ban. To successfully prove that this exceptional hardship would take place the Defendant must be able to show that losing their license would result in more than, for example, losing their job. This would not be accepted as an argument as the court will argue that the Defendant should have been aware of this risk when carrying out the offence. Thus, the Defendant must be able to show that losing their license would affect the lives of people around them, for example, elderly relatives that are regularly dependent on them (and their car) to take them to hospital appointments.

When deciding whether to impose a discretionary ban, the court will look at each individual case and make a decision based on all relevant factors using the guidelines made available to them.


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