A defendant will be sent a notice of proposed driving disqualification if convicted of an offence and the court is considering whether to disqualify - because of the seriousness of the offence or the number of penalty points on the defendant's licence that were live at the time of the offence.
Receipt of a notice of proposed driving disqualification does not mean that a disqualification is inevitable. In many cases, a disqualification can be avoided - especially if the defendant can establish that exceptional hardship would follow from disqualification.
The notice will include a date by which a reply must be sent to the court. The reply can be sent by email or post.
If no reply is received then the court will proceed in the absence of the defendant and is entitled to disqualify in absence. The notice warns the defendant that a disqualification in absence would be immediate (from the deadline to respond).
There is usually a form to complete with two options:
A) No further information. I have no further information to give to the court and want the court to proceed in my absence. I understand that I may be disqualified on or after [date] and should not drive from that date until the result is confirmed by the court
B) I want to attend court. I wish to give more information to the court and request a hearing date to be set. I am unable to attend court on the following dates: [list avoid dates]
ADVICE
Disqualification from driving has serious consequences for many people. In many cases, disqualification can be avoided where the case is properly prepared for court and the best mitigation is presented to the court. Instructing a direct access barrister is often less expensive than instructing a solicitor.
I have extensive experience and specialist knowledge of motoring offences. I am regularly instructed by solicitors, corporations and members of the public. Anyone can instruct me directly pursuant to the Public Access scheme.
I provide a free telephone consultation service to new clients. My fees are reasonable and affordable. Most services are performed on an agreed fixed fee basis. I will deal with your case from start to finish. You will not instruct me but get someone else at court. Your case will not be prepared by unqualified paralegals. I do all of the work on your case. Please contact me for further information.