ROADS - Disqualified Driving Flashcards
Section 24(2) Police and Criminal Evidence Act 1984
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.
Section 103 RTA 1988 0 driving whilst disqualified
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
What are defences for disqualifed driving?
- unaware of disqualification
- driving under duress
What is an obligatory disqualifcation?
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.
What is discretionary disqualification?
The court may disqualify a person, but they may consider the circumstances of the offence & previous driving record
How many points before being disqualifed?
12 in a 3 year period
MADCOW - examples of obligatory disqualification
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