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Can I be taken off the road even though I haven’t committed a motoring offence?

Posted on 29th August

Doesn’t seem right, does it?  But, there are a vast number of ways you can be taken off the road by either the police or DVLA without ever having committed a driving offence.

For example, the police have powers to apply to the court for possession of your car if it has been involved in any criminal offence, even if it was totally unrelated to driving.  The most common examples are where a vehicle is used in connection with drug dealing or burglary.

Many drivers have their licence revoked by the DVLA, either temporarily or permanently, due to ill-health or disease, poor eyesight or age.  The rules around what powers the DVLA has are not straightforward.  Don’t assume you have to accept what is dished out, get specialist advice.

Your driving licence could be at risk from offences which would not seem criminal at the time.

Simply falling asleep in your car after a night in the pub could be deemed being drunk in charge of a vehicle which could lead to a driving ban.  The important features will be where you were sitting, what you were doing and whether the keys were in the car’s ignition.

Similarly, failing to respond to the police when you are asked to provide details about who was driving your car when it was thought to have been speeding could result in 6 penalty points, even if you weren’t driving at the time.  For anyone with 6 points already on their licence this would mean a disqualification under the “totting up” rules,  although there are a number of arguments which could be made on your behalf to avoid this happening.

These are just a few examples of the ways the courts, the police or the DVLA can deprive you of either your licence or your car.  If you feel you are vulnerable to any of these powers get in touch with Road Law Barristers for specialist advice on your options.