DISCRETIONARY DRIVING BAN FROM DRIVING (MR59 CONVICTION)

Discretionary Disqualification is when the court uses its power to disqualify a driver for an offence that might usually be punishable by points and a fine.

Most driving offences in the UK include the option of a Discretionary Driving Ban if the police and prosecutors decide that the punishment is appropriate.

The majority of driving offences are punished by penalty points and a fine. However, in cases where the offence committed is considered to be so serious that penalty points and a fine is inadequate, the Court may decide that a discretionary driving ban is more appropriate. This decision is entirely made at the Court’s discretion and depends on the offence, the motorist’s driving record, any mitigating circumstances and the likelihood of the driver reoffending in the future.

Discretionary Disqualification may be handed down for an individual speeding offence, for example, where speeds recorded are very high or for careless driving offences. Whilst there is no set period for the length of driving disqualification, Magistrates are advised that for speeding discretionary bans for the offence are normally given for up to 56 days. However, the Courts can impose whatever length of ban they feel is appropriate and could impose a ban of longer than 56 days in cases involving exceptionally high speeds.