Don’t Let a Driving Ban Ruin the New Year
December festivities should end only with good cheer, not a run-in with the police for a drink-driving offence. If the latter should occur, you’ll need counsel who can advise you on the law and your responsibilities in your particular case. Avoiding a driving ban is your desired outcome. Small business owners can be especially at risk.
Does your business or employer need you to have a clean driver’s license? If your job depends on you driving to see clients, you could face the loss of income or your job. Also, employees with driving offences is not a good look for the business, which may incur brand damage if customers get wind of them.
Here are the most important things about arguing against a driving ban.
The penalty system
The many codes and attendant endorsements in the driving offense laws can be confusing. For instance, CD40, “causing death through careless driving when unfit through drink,” can carry a points penalty of 3 to 11, while DR40, “in charge of a vehicle while alcohol level” above limit incurs an automatic 10 points.
There is A lot to interpret, and many factors, including the results of your breath, blood, or urine test, will play a part in how the magistrate hears your case rules. You’ll also be penalized if you don’t agree to submit a sample or refuse to allow the analysis of a model taken while intoxicated, even if you weren’t driving.
Although the stated penalty for exceeding 12 points or drunk driving is an “obligatory ban,” it is anything but. In fact, there is quite a lot of judicial discretion allowed in these cases.
Avoiding a ban due to hardship
You can help your case by being solidly prepared and not disrespecting the Court or the police. Firstly, get your paperwork in order if you plead guilty but seek to reduce the charges. Hardship can be argued based on different things, but the most straightforward case is the loss of one’s income or business.
If your driving record is clean, you’ll start off on a much better note than if you have penalty points. If you’ve had a driving ban or tried to defend against one in the past, you will not be able to use the same arguments for exceptional hardship as before unless more than three years have passed since the last conviction.
In addition, you need to be prepared to answer the question of why the Court should allow you to avoid a ban, going beyond just employment. The Court usually observes that the defendant should have been aware that a ban would likely result from drunk driving, so present your mitigating circumstances, letters of character if possible, and every argument at your disposal.
Besides avoiding drunk driving at all costs, the most crucial advice is to work with your motor lawyers in good faith and be honest about your circumstances.