Discretionary Driving Bans
Whenever the Magistrates have a power to
put penalty points on your licence (in relation
to any endorsable offence) if they feel
it is a serious offence they can impose
a discretionary disqualification instead
of points.
The most common offences for which the
Magistrates impose discretionary bans are
speeding offences and driving without due
care and attention.
In relation to speeding allegations the
Magistrates are likely to impose a discretionary
ban if your speed is in excess of their
guidelines for that particular speed limit.
(See the Magistrates'
Association Guidelines).
There is a common misunderstanding that
if you are doing more than 100mph in a 70mph
limit, you will be made liable to an automatic
ban. This is not the case. It is always
in the Magistrates discretion as to whether
or not a ban is an appropriate way to deal
with the matter.
There is no set period for a discretionary
ban. The power to impose a discretionary
ban is under Section 34 of the Road Traffic
Offenders Act and the Magistrates can impose
a ban for whatever period they feel is appropriate
in the circumstances.
Having said that, the Magistrates' Association
Guidelines suggest that a discretionary
speeding ban is normally for a period not
exceeding 56 days.
If the Magistrates impose a discretionary
ban, then you do not get the points as well.
It is either one or the other.
