Mandatory Driving Ban - What Is It, When Can It Be Imposed And Can It Be Avoided?

Copyright (c) 2011 Robert Gray

Driving offences range from minor to severe and the punishment enforceable for each particular offence is representative of the severity of the offence. Offences such as minor speeding offences (perhaps driving at 48mph in a 40mph zone) may often result in the offender receiving a number of penalty points on their licence. This article looks at the punishment of a 'mandatory driving ban', what it actually means, when it can be imposed and how, if at all, it can be avoided.

There are two types of driving bans that can (or must) be imposed by the court if an offender is found guilty. A 'discretionary driving ban' may, but does not have to be imposed by the court. The court is given guidelines to follow and will carefully consider the facts of each case (such as previous offences, severity of the current offence etc) before using this discretion to decide whether to impose a driving ban. In some cases, even where they do not have to impose a ban, the court may feel that the severity of the offence means that penalty points and a fine is not an adequate punishment. Examples of when a discretionary ban may be imposed by the court are in offences such as careless driving, driving without insurance, traffic light offences or speeding.

The second type of ban is known as a 'mandatory driving ban'. In some cases the driving offence is so severe that the court has to impose a driving ban if the Defendant is found guilty. The length of the ban may depend on the particular offence or may be down to the discretion of the court. Offences which will result in a mandatory driving ban include dangerous driving, causing death by dangerous driving, driving under the influence of alcohol or drugs, and failing to provide a specimen.

Unlike a discretionary driving ban, where the ban could possibly be avoided if the Defendant successfully puts a case forward of 'exceptional hardship' (i.e. pleading that he or members of his family would be caused exceptional hardship if he were to lose his driving licence), a mandatory ban cannot be avoided. A mandatory ban reflects the severity of the driving offence for which the Defendant has been charged, and found guilty, and it is obligatory that the Defendant be banned from driving.

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