If the offence charged is contrary to section 5(1)(a) of the Road Traffic Act 1988 then the minimum disqualification period is 12 months. The minimum disqualification period is increased to 3 years if the offender has been convicted of a relevant offence within 10 years. The minimum disqualification period is increased to 2 years if the offender has two or more 56+ day disqualifications in the preceding 3 years.
The court will refer to the chart below when deciding upon the appropriate length of disqualification.
The court will also refer to the following list of factors when deciding upon the appropriate sentence.
Statutory aggravating factors:
Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
Offence committed whilst on bail
Other aggravating factors:
Failure to comply with current court orders
Offence committed on licence or post sentence supervision
LGV, HGV, PSV etc
Poor road or weather conditions
Carrying passengers
Driving for hire or reward
Evidence of unacceptable standard of driving
Involved in accident
High level of traffic or pedestrians in the vicinity
Factors reducing seriousness or reflecting personal mitigation
No previous convictions or no relevant/recent convictions
Genuine emergency established
Spiked drinks
Very short distance driven
Remorse
Good character and/or exemplary conduct
Serious medical condition requiring urgent, intensive or long‐term treatment
Age and/or lack of maturity where it affects the responsibility of the offender
Mental disorder or learning disability
Sole or primary carer for dependent relatives