Receiving a Driving Ban

A driving ban - or disqualification - is normally issued after an individual contravenes the conditions of their driving licence or amasses a significant number of penalty points within a set period of time. The length of the ban depends on the severity of the offence and the decision of the courts.

A driving ban means that a driver who has been disqualified from driving may not - for a period of time - drive any vehicle for any reason, under any circumstances. Driving while disqualified is a criminal offence and can lead to further prosecution including a prison sentence.

Penalty Points

Penalty points - or Endorsements - are added to a driver's licence if he or she is caught breaking the law whilst in charge of a vehicle.

Penalty points are awarded for any of the following:

• Speeding
• Driving under the influence of drink or drugs
• Failure to stop at the scene of an accident
• Driving without a licence
• Driving without due care and attention
• Driving a vehicle with defective brakes
• Making false statements about health whilst applying for a licence
• Using a hand-held mobile telephone whilst driving

This is not an exhaustive list, there are many other reasons why an individual may have points added to their licence, but these are among the most common.

Losing your Licence

If you reach the maximum number of penalty points that can be added to your licence - currently twelve - then the likelihood is that you will have your licence revoked and you will receive a driving ban.

If you do lose your licence you will be required by law to appear before a magistrate at which time you will be given the opportunity to speak for yourself and allow legal representation to take place. Again there is no guarantee that having legal representation will result in escaping a ban but for peace of mind it is certainly best to have a solicitor present at any such hearing

How Long do Penalty Points Last?

Endorsements and their corresponding penalty points can remain on your licence for anything up to eleven years depending on the motoring offence that was committed in order for you to receive them. If you were arrested for driving whilst under the influence of alcohol or drugs or if you caused the death of another person because of reckless driving (either as a result of driving without due care or attention or being under the influence of alcohol or drugs) then these penalty points will remain on your licence for the full eleven years.

It is possible after the third year to apply to the court to have the ban removed but it is at their discretion. If they feel there are sufficient grounds for continuing with the ban then they will keep it in place

Getting your Licence back

You can apply to have your licence reinstated after the period of the ban has expired but only after you have taken your driving and theory tests again.

You may also find that, as a result of disqualification, any future insurance policies you take will cost considerably more as you'll be seen as a higher risk