Disqualified Driving Flashcards
State the police power to deal with disqualified driving
A constable may arrest without warrant any person driving / having driven a motor vehicle on a road whom he/she has reasonable cause to suspect of being disqualified.
S24(2) PACE 1984
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s103 RTA 1988
Define Section 103 Road Traffic Act 1988 Disqualified Driving
A person is guilty of an offence if, while disqualified from holding or obtaining a licence, he -
obtains a licence, or
drives a motor vehicle on a road
What are the defences of driving once disqualified?
Driving under duress
Unaware of disqualification
Explain Obligatory and Discretionary Disqualification routes
Obligatory – Obligatory disqualification is where a person is convicted of an offence for which the relevant legislation states that the court MUST disqualify the offender from driving for a specified period of time. Disqualification is obligatory for example in cases such as drink driving or causing death by dangerous driving.
Discretionary – Discretionary disqualification is where the relevant legislation states that the convicting court MAY disqualify a person from driving if they consider the circumstances of the offence or the previous driving record of the offender makes disqualification appropriate
Explain Penalty Points disqualification
If a person has 12 or more penalty points on their licence within a three year period, from the date of the first offence, then they are liable to disqualification under the ‘totting up’ procedure.
List disqualification routes
PENALTY POINTS
OBLIGATORY
DTTP - DISQUALIFIED UNTIL TEST PASSED
DISCRETIONARY
DISQUALIFIED WHERE DRIVING INVOLVED IN SERIOUS CRIME
Explain the “totting up procedure”
Disqualification under the ‘totting up’
procedure will wipe the licence clean.
However if the driver has been convicted of an offence carrying obligatory disqualification e.g. drink driving then the points will remain i.e. the slate is NOT wiped clean.
12 or more points on licence
What are the x2 important dates to remember with penalty points?
Date of offence……..
For calculating the valid/current penalty points
AND
Date of conviction……..
For removal of all points after disqualification under the totting up procedure.
List examples of offences which carry an OBLIGATORY disqualification
MADCOW
MANSLAUGHTER
AGGRAVATED VEHICLE TAKING
DANGEROUS DRIVING
CAUSING DEATH BY DANGEROUS DRIVING
OVER THE LIMIT OF ALCOHOL/REFUSE TO PROVIDE SPECIMEN
WHILST UNFIT THROUGH DRINK OR DRUGS
What is the minimum obligatory disqualification time
12 months unless
- the defendant is convicted of manslaughter, causing death by dangerous driving, or causing death whilst under the influence of drink or drugs in which case, for a minimum of 2 years;
the defendant has been twice disqualified for 56 days or more in the three years prior to the commission of the present offence - in which case for a minimum of 2 years
-the defendant has been convicted of an excess alcohol offence and has previously been convicted of an excess alcohol offence within the last 10 years - in which case for a minimum of 3 years.
Explain Discretionary Disqualification
For some offences the court has the power to order a ‘discretionary’ disqualification.
This means that it is up to the court who receives a driving ban and also determines the length of the ban.
If an offender is convicted of:
stealing or attempting to steal a vehicle;
taking a motor vehicle without consent, or being carried;
going equipped to steal a motor vehicle;
the court can order discretionary disqualification (but not endorsement) for such period as it thinks fit.
Explain ‘Disqualification for any offence’
Certain courts with special permission from the Secretary of State may disqualify a person from driving for any offence e.g. anti social behaviour, kerb crawling.
It does not matter whether a motor vehicle was used or not in the commission of that offence
What needs to be established for a disqualification?
Admissions by the defendant.
Providing witnesses who were present at the time of the disqualification, e.g. Police/clerk of the court.
Documentary evidence, i.e. court records, DVLA records, fingerprint evidence taken at the time of the initial or previous disqualification showing date and offence.
PNC records showing date and court must be checked.
