Discretionary Bans

98% saved from discretionary bansDiscretionary Licence Disqualifications

In relation to endorsable offences, whenever Magistrates have the power to give you penalty points, they also, (if they feel that the offence is serious enough) can impose a discretionary disqualification (driving licence ban) instead of issuing points.

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Discretionary bans are most commonly imposed for speeding offences and driving without due care and attention.

Magistrates will usually impose a driving ban for speeding if your speed exceeded the magistrates guidelines for that specific speed limit. (The Magistrates Association Guidelines has more information).

It is widely believed that if you are caught doing 100 mph in a 70 limit then you face an instant driving disqualification, but that is a common misunderstanding, as it is at the Magistrates discretion whether a ban is the most appropriate way to deal with the offence.

Discretionary licence disqualifications that will see you banned from driving do not have a set period. Under Section 34 of the Road Traffic Offenders Act 1988, Magistrates can impose whatever length of ban they feel is appropriate.

Magistrates are advised however that for speeding, discretionary bans are normally given for periods of up to 56 days.

If you are given a discretionary ban, you will not be given points on your licence  as well, you will receive one or the other sentence.

 

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