ROADS - Disqualified Driving Flashcards

1
Q

Section 24(2) Police and Criminal Evidence Act 1984

A

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.

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2
Q

Section 103 RTA 1988 0 driving whilst disqualified

A

A person is guilty of an offence if, while disqualified from holding or obtaining a licence he:
- obtains a licence
- drives a motor vehicle on a road

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3
Q

What are defences for disqualifed driving?

A
  • unaware of disqualification
  • driving under duress
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4
Q

What is an obligatory disqualifcation?

A

This is where a person is convicted of an offence

This type of disqualification means that any
points prior to the disqualification will remain on the licence.

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5
Q

What is discretionary disqualification?

A

The court may disqualify a person, but they may consider the circumstances of the offence & previous driving record

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6
Q

How many points before being disqualifed?

A

12 in a 3 year period

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7
Q

MADCOW - examples of obligatory disqualification

A

Manslaughter

Aggravated vehicle taking

Dangerous driving

Causing death by dangerous driving

Over the limit of alcohol or refuse to provide a specimen for analysis

Whilst unfit through drink or drugs

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