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If you have recently received a Notice of Proposed Driving Disqualification in the post, you may have some questions regarding the possible options, in this article we briefly answer some of the common questions our clients ask our solicitors and barristers.

What is a Notice of Proposed Driving Disqualification?

A Magistrates’ Court will send you a notice of proposed driving disqualification in the post when the Court is considering imposing a driving ban via the Single Justice Procedure system. If you do not respond to the notice, the Court is likely to disqualify you from driving without a court hearing even taking place.

Why have you received the Notice of Proposed Driving Disqualification?

If you pleaded guilty to a motoring offence via the Single Justice Procedure (SJP) process or did not respond to the SJP, the Court may issue a Notice of Proposed Driving Disqualification if the Magistrates form the view that your case justifies a driving ban.

What happens if I do not respond to the Notice?

The Disqualification Notice should clearly state the deadline a response is required. If you take no action or do not respond within time, your case will still progress and there is a high likelihood that the Court will impose a driving ban. The Notice will also make it clear that you should not drive if you have not responded, this is because the Court may have banned you from driving if you did not respond. If you do not respond and continue to drive, you may be prosecuted for driving whilst disqualified which is an offence that can attract up to 6 months imprisonment.

Totting-Up Driving Ban: 12 Penalty Points

Many Notices of Proposed Driving Disqualifications are received because the motorist has become a ‘Totter’ (accumulated 12 or more points on their licence). If a motorist accumulates 12 or more penalty points within a 3-year period, they must be disqualified from driving for at least 6 months. This type of disqualification can potentially be avoided by putting forward an Exceptional Hardship Application.

If you would like to check how many points you have on your licence, you can do so by clicking here.

Speeding Offences

You may find yourself in a situation where you have a clean licence (no penalty points) and still in receipt of a Notice of Proposed Driving Disqualification for a speeding offence.

Speeding offences attract penalty points or disqualifications. If you were caught speeding substantially in excess of the speed limit, the Court can impose a ban rather than points. As an example, you may have a clean licence and were caught speeding at 101mph on the motorway, whilst you have no points and would not face a ‘Totting Up Driving Ban’ you are still at risk of receiving a driving ban for the offence, because of the excessive speeding. In this type of case, the Court may impose a ban because of the speed and that is why you have received the Notice.

Avoid a Driving Ban

The purpose of the notice is to reduce the number of cases the Court has to allocate time for, and to inform you that you are likely to be disqualified. Some motorist may not be concerned with a ban however, if you want to avoid a driving ban, you should respond to the notice before the deadline and request a Court Hearing in person. The Court will then allocate a date and time for you to attend where you can put forward a robust, compelling and legal argument of why you should not be disqualified.

Legal Representation at Court

If you have requested a Court Hearing, you can either attend on your own and put forward your legal submissions or alternatively you can appoint a specialist driving offence solicitor to attend Court with you. If you prefer to have representation at that hearing, you are perfectly entitled to it and the Court will not have any issue with that.

Having expert legal representation will place you at an advantage and substantially increase the chances of avoiding a driving disqualification. Our experienced solicitors and barristers have advised and represented many clients in the past for similar cases and will present strong and compelling mitigation on your behalf in an attempt to convince the Court to avoid a disqualification.

If you would like to appoint or speak with one of our lawyers about your Notice of Proposed Driving Disqualification, please call us on 0345 222 9955 or complete our Contact Form.

 

 

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Our Competitively Priced Agreed Fees for Motoring Offences start from £1,000 + VAT

Our Competitively Priced Fixed Fees for Criminal Offence cases start from £1,500 + VAT

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An Excellent Service, Mr. Kang is a highly sought solicitor. Very knowledgeable about the subject to hand and extremely confident with the advice given to me at the time of a stressful situation.

I would recommend Kang and Co Solicitors above any other company I’ve spoken too.

Above all I got the outcome I desired based upon Mr. Kang expertise.​

Miss. P

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Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. Barrister clearly explained possible outcomes and most realistic outcome.

Excellent service from initial contact to finishing the court case. Would recommend to anyone.

Robert Morris

Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law, Driving Offences, Transport Law, Pace Interviews, Regulatory Law and Licensing Law.

Our head office is located at 1 Victoria Square in Birmingham City Centre and we offer our services throughout England and Wales on a private fee-paying basis. We also have an office at 5 Chancery Lane in London and another office in central Milton Keynes. We are frequently instructed by individuals and businesses nationwide.

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Birmingham Office

1 Victoria Square
Birmingham
West Midlands
B1 1BD

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London Office

5 Chancery Lane
Holborn
London
WC2A 1LG

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Milton Keynes Office

100 Avebury Boulevard
Milton Keynes
Buckinghamshire, MK9 1FH

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