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Driving Disqualifications

There are three types of driving disqualification.

Totting Up Bans

Of all driving disqualifications, the most common is the “totting up” ban.  If a driver gets 12 points or more on his or her DLVA record (as shown on the DVLA-issued driving licence) then the court is obliged to disqualify that person under the “tottinDriving Disqualificationsg up” procedures (under the law as stated in section 35 of the Road Traffic Offenders Act 1988). The driver will be given a 6-month ban the first time he is totted up“.  Thereafter, for a second totting ban within three years, he will receive a 12-month driving disqualification.  If you get a totting up ban, your points are used up for this purpose and so are no longer “live“.

Discretionary Driving Disqualifications

For more serious offences, the court has the option of banning a driver on the basis that the offence is serious enough to merit a ban, regardless of a person’s driving history.  This option to ban is at the discretion of the court and so is called a “discretionary ban”.  Offences in this category include Careless Driving and Speeding.  If you get a Discretionary Disqualification, the court will not add points to your licence.

Obligatory Driving Disqualifications

For the most serious offences, the court has no option other than to ban a driver.  For example, where someone is convicted of Dangerous Driving, or Drink Driving, the court has to impose a ban of one year or more, regardless of the impact this may have on an individual.  The court will also impose a fine.

 


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