Driving ban, as the name says is a type of restriction on the driving license of the people, who are caught driving while still under the influence of alcohol of illegal substances. The ban is also applied on the drivers with record of death-by-dangerous-driving acts. This restriction can be lifted only if you present correct mitigation type to the local court.
Drinking and driving is strictly forbidden in almost all the countries. However, some of the lawbreakers dare to drive their cars, while still being under the influence of alcohol or illegal substances. When such culprits are caught in the action, the state law will not convict them but will issue a ban on their driving license along with the payment of few thousands of dollars in the form of fine. The conviction can result with imprisonment for years, if any life is lost from dangerous driving.
Restriction on the Driving and Section 10
When the court decides that you are guilty, you will automatically lose your driving license and will also be fined with some amount and few hours of community service. However, this is not the case in Section 10. Section 10 based on the Crimes Act as introduced in the year 1999 states that the court can declare you as not-guilty even though you are convicted with charges for not giving way at a pedestrian crossing. This section is quite beneficial since it will not cause any restriction on your driving license.
However, obtaining Section 10 for your case is not effortless since the court requires lots of convincing along with the complete information about various aspects such as,
- Circumstances related to extenuations.
- The actual nature of the offence that you have committed.
- Complete record of your mental health, character, age, health, and so on.
- Additional information that court finds relevant about you.
How to avoid driving ban
There are many ways that can help you with avoiding restriction on your driving license.
- Before issuing a ban on your driving licence, the court offers you with some time duration for pleading guilty. By doing so, you can avoid the ban along with providing the court an opportunity to present your side of the story.
- If you are the defendant and your lawyer becomes successful in proving the fact that driving ban is actually a harsh punishment, then the court shows leniency while concluding your case. You can show the court the exact reason for not imposing ban on your driving license with the help of lawyers that are experienced in motor legal guidance.
- You can convince the court not to impose any ban on your license by agreeing for the term that includes paying larger fine along with few months of community service. By doing so, you can easily avoid possible criminal conviction that will be imposed on your DL due to your negligence in driving.
- You can produce some facts in the court stating that the ban on your license can cost you your employment. However, the court can agree for the considerations only if you provide necessary justifications for this problem.
Tony Callison has worked with driving school for years, and writes mostly on topics related to traffic rules. To view videos on the consequences of not giving way at a pedestrian crossing, visit their website.