Driving Ban FAQ


Frequently Asked Questions
Maximum Ban by Driving Offence
Will I be banned from driving?
How will I know if I face a ban?
What are the Court guidelines/maximum driving ban?
What is a discretionary driving ban?
What is a mandatory driving ban?
Maximum Penalties for Driving Offences
What is the maximum fine / points / ban?
When is a prison sentence likely?
How is the fine calculated?
Speeding Ban
What is the maximum penalty for a speeding offence?
I have been caught speeding. Is an instant speeding ban likely?
What is the likely length of an instant ban for a speeding offence?
Is there any discretion on an instant speeding disqualification?
I have been caught speeding at more than 100 mph on the motorway. Is a ban automatic?
Is it possible to avoid an instant speeding ban?
I was speeding because of a genuine emergency. Is this a defence?
What if I deny the speed alleged?
Can I reduce the penalty points?
I have received a Single Justice Procedure Notice, does that mean I cannot be banned as I do not have to attend Court?
How is a speeding fine calculated?
Totting Up Ban
What is the definition of totting up?
How does the totting up procedure work?
How do I avoid a totting up ban?
How long does a totting up ban last for?
Can a totting up disqualification be longer than 6 months?
Am I at risk of totting up?
Can I reduce the potential number of penalty points to avoid a totting up ban?
How long do penalty points/offences remain on my driving licence?
Some of my points expire before my Court appearance. Will I still face a totting up ban?
My points were due to expire shortly after the most recent offence was committed. Will the Court take this into account?
Can I be banned from driving under the Fixed Penalty Notice System?
Why have I received a Fixed Penalty Notice if I cannot accept it?
What happens if I am at risk of totting up, but accept the Fixed Penalty Notice anyway?
Can I appeal a totting up ban?
What are the rules for new drivers?
Drink Driving Ban
What is the drink driving limit?
What is the minimum penalty for a drink driving offence?
What is the minimum drink driving ban?
What is the maximum penalty for driving under the influence?
What if this is my second drink drive offence?
What if a driving ban will result in me losing my job?
What other factors will the Court take into account?
Is there any benefit from instructing a lawyer if a driving ban is inevitable?
How long does a drink drive conviction stay on my driving licence?
New Drivers Act / Driving Licence Revocation
What is the New Drivers Act?
I am a new driver. What happens if my driving licence is revoked?
Can the DVLA revoke my licence without prior warning or a Court attendance?
Do the DVLA, the Police or the Courts have to warn me that my licence could be revoked?
How do I avoid revocation of my driving licence?
My licence has been revoked. Can I appeal?
I have received 6 points but I've not been told that my licence has been revoked. Can I continue driving?
My licence was revoked so I have retaken and passed the driving test. Are my penalty points removed from my licence?
Does it follow that the New Drivers Act only applies once?
I am a new driver. If I receive an instant driving ban do I have to re–sit the driving test?
I already have 6 penalty points on my provisional licence. Can I actually take a driving test and if I pass, will my licence be revoked immediately the full licence is issued?
Can my provisional licence be revoked?
I passed my car test many years ago but I have now passed a bike test, am I subject to the New Drivers Act?
I have swapped my foreign licence for a UK licence. Am I subject to the provisions of New Drivers Act?
I hold a foreign car licence. I swapped it for a UK car licence. I now want to take a UK bike test. How does this affect things?
I have held a non-exchangeable driving licence for many years. Will I be subject to the terms of the New Drivers Act if I pass a UK test?
How do I avoid a driving ban?
Can I avoid a driving ban?
What Are Special Reasons?
What is a Plea in Mitigation / Mitigating Circumstances?
What is exceptional hardship?
I have successfully argued exceptional hardship in the past. Can I use the same arguments again?
What if I can show I will lose my job as a result of a driving ban?
What defences are available? How do I defend an allegation?
Why do I need to instruct a lawyer/solicitor in order to retain my driving licence?
How can I establish the prospects of success?
Legal Procedure & Paperwork
What is the procedure if caught by camera?
What is the procedure if stopped by the Police?
What if I already have 9 points?
Do the Police have to prove the offence when they stop me?
Do I have to say anything to the Police when stopped?
Do the Police have to serve evidence with the Court process?
Attending Court for a driving offence
Which Court will deal with my case?
How long will it take my case to get to Court?
Do I have to attend a Court hearing?
How long will a hearing last for a personal attendance?
Will my case be dealt with at one hearing?
Will the Court assist me at the hearing?
Is the Court not obliged to instruct a Duty Solicitor to represent me?
Can I represent myself at Court?
What are the benefits of being legally represented at the hearing?
Seeking Legal Advice
When should I seek legal advice if I face a driving ban?
What are the benefits of instructing a lawyer?
Can I use the local/duty solicitor?
Can I apply for Legal Aid for motoring cases?
Will my insurers pay my Legal bill?
How can I tell whether my lawyer specialises in motoring law?
How much will I pay for a motor lawyer?
Can I obtain free legal advice?
I've been banned from driving
I have been banned from driving. What happens next?
Will I now have a criminal record? / Is a driving ban a criminal offence?
Can I ride a moped or motorbike when banned?
I was banned for speeding on my motorbike. Can I still drive my car?
Can I drive abroad?
Can I apply for a foreign driving licence?
Can I supervise a learner driver?
I am already banned but cannot recall the period of disqualification. How can I find out how much longer I need to serve?
How do I get my licence back after a ban?
I was banned but why have my previous penalty points not been removed from my driving licence?
Can I apply for my licence to be returned before I have served the full ban?
I was ordered to retake my driving test. Do I need to apply for a provisional licence?
How to Appeal a Driving Ban
If I am banned from driving, what can I do about it?
How does the appeal procedure work?
I have just been to Court and have been banned from driving. How long have I got in which to lodge an appeal?
If I appeal can I drive whilst I wait for the Crown Court hearing?
On what basis can I appeal?
I have been convicted in my absence because I did not know about the hearing. How do I appeal?
If I win my appeal will I get my costs back?
I did not realise the implications of the hearing so I did not obtain legal advice and I have now been banned. What can I do about it?
My circumstances have changed since my original Court hearing. Can I appeal for a reduction in my ban?
Effect a driving offence has on Insurance
Do I have to inform my insurers if I receive penalty points or a driving ban?
What if I don't tell my insurers about my penalty points?
What affect will penalty points have on my insurance premiums?
What affect will a driving disqualification have on my insurance?
For how long is a conviction of interest to my insurers?
Anything else?
Will it be impossible to obtain insurance once I finish a driving ban?
Can I insure against the cost of Court proceedings or losing my driving licence?
Driving whilst disqualified
Am I likely to get caught if I drive whilst disqualified?
What happens if I do get caught driving on a ban?
What is the maximum penalty for driving whilst disqualified?
What is the minimum penalty for driving whilst banned?
Is there anything that can be done to reduce the penalty?
I was not aware that I was banned. Is this a defence?
What is the difference between driving whilst disqualified and driving otherwise than in accordance with licence?
Driving without insurance
I have been stopped by the Police for driving without insurance. Do I face a driving ban?
Can I receive a Fixed Penalty for driving with no insurance?
My insurance policy expired and my insurance company failed to notify me. Is this a defence to driving uninsured?
I was driving a friend's car and I thought my comprehensive policy covered me for driving other cars. Now I realise it does not. Have I committed an offence?
I allowed a friend to drive my car believing they were insured when they were not. Where do I stand?
I was stopped for having no insurance. The Police have now impounded my car. Are they entitled to do this?
I was stopped for no insurance but have been prosecuted for driving uninsured and failing to produce an insurance certificate. Why have I been charged for the same offence twice?
I have been prosecuted for driving uninsured, but I can prove I had insurance at the time of the offence. Will I still be convicted?
I was driving a company car and my employer forgot to insure me. Do I have a defence?
I was driving my parent's car and they forgot to add me to their policy. Is this a defence?