Motoring Offences can have serious consequences, often leading to driving bans that can significantly impact an individual’s personal and professional life. However, under UK law, it is possible to apply for the removal of a driving ban under certain circumstances. If you find yourself in such a situation, understanding the process and seeking professional legal help can make all the difference. In this guide, we will explore motoring offences, the process for removal of a ban, and how an experienced legal team, such as Reuben Law, can assist you in regaining your driving privileges.
Motoring Offences in the UK cover a wide range of infractions, from speeding and careless driving to more severe violations such as driving under the influence (DUI) or dangerous driving. Some of these offences may result in a temporary or long-term disqualification from driving. A driving ban can be imposed due to accumulating 12 or more penalty points within three years (under the totting-up system) or as a direct consequence of a serious driving offence.
However, UK law provides an avenue for individuals to apply for the early removal of a driving ban under Section 42 of the Road Traffic Offenders Act 1988. To be eligible, the applicant must meet certain criteria, such as having served a minimum portion of their disqualification and demonstrating that the continued ban imposes exceptional hardship. A legal team can play a crucial role in ensuring that your application is well-prepared and supported by compelling evidence.
Applying for the removal of a driving ban is not a straightforward process. It requires a strong legal argument, backed by evidence, to convince the court that lifting the ban is justified. A legal team experienced in motoring offences can assist by:
Assessing whether you meet the legal requirements for applying for removal of the ban.
Preparing a strong case by gathering necessary evidence and witness statements.
Representing you in court and making persuasive arguments to support your application.
Advising on alternative options if your application is unlikely to succeed at the current time.
Having professional legal representation significantly increases the chances of a successful outcome.
If you are facing a driving ban, there are several potential resolutions:
Application for Early Removal of the Ban – If eligible, a legal team can guide you through the legal process of requesting a reduction in your disqualification period.
Appealing a Conviction or Sentence – In some cases, a motoring conviction leading to a ban may be appealed if there were legal errors in the original case.
Exceptional Hardship Argument – If you are at risk of accumulating 12 penalty points, a legal team can argue that losing your licence would cause exceptional hardship, potentially avoiding a ban altogether.
Mitigating Circumstances – A legal expert can present mitigating factors to reduce the severity of penalties.
Here are some real-life examples of successful removal of driving bans:
Successful Removal of a Drink Driving Ban: In this case study, a client applied for the early removal of a driving ban under Section 42 RTOA 1988. The process and considerations for such applications are detailed.
Client Avoided a Ban Despite Totting-Up 12 Penalty Points: A client, already with 9 points on their licence, faced a speeding offence that would lead to a ban. Through a successful exceptional hardship argument, the client was able to retain their driving privileges.
Reinstatement of Driving Privileges Following a Serious Motoring Offence: This case study illustrates how a client achieved early removal of a driving ban, two years earlier than initially set out.
At Reuben Law, we understand how crucial a driving licence is to your everyday life. Whether you need it for work, family responsibilities, or essential travel, we are committed to helping you navigate the complex legal system and regain your driving privileges as quickly as possible.
Our expert legal team specialises in motoring offences and the removal of bans, providing tailored legal advice and dedicated representation. We offer a no obligation initial consultation to assess your case and outline the best course of action. Our friendly and professional approach ensures that you receive the best possible service without unnecessary legal jargon.