Crime, Motoring & Legal Aid
A disqualification can only be imposed by a court and therefore any case which potentially falls into this category will have to be dealt with. Disqualification itself can arise both from a direct consequence of the offence, such as under the drink-drive legislation, or as a consequence of an accumulation of offences, through the totting-up process.
There are serious consequences incumbent upon a driver if an order of disqualification is breached and indeed, current sentencing guidelines suggest that prison is to be an active consideration in the minds of the courts if they have to deal with any driver in that situation.
Disqualification itself can be obviated or reduced by a successful argument either of special reasons or of exceptional hardship. Under drink-drive legislation a disqualification can also be reduced by the successful completion of a Drink-Drive Rehabilitation Scheme if it is offered by the court.
There is also provision for the early removal of a disqualification on application to a Magistrates Court. Broadly speaking, an application can only be made once half of the disqualification has been completed subject to a minimum time elapse of two years.
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