Driver Conduct Hearing: Vocational Licence to be returned following offences of failing to provide a specimen of breath, driving whilst disqualified and driving without insurance.

Martin Smith represented at a Traffic Commissioner’s Driver Conduct Hearing a driver who had been disqualified from driving by a Magistrates Court for an offence of failing to provide a sample of breath. The case was complicated as police officers parked near to the driver’s house had seen him driving a motor-car and arrested him for driving whilst disqualified and driving without insurance. As a consequence, the driver again appeared before Magistrates who imposed a Community Penalty with a requirement to carry out unpaid work and further disqualified him from driving.

The Traffic Commissioner was understandably concerned about the driver’s course of conduct and questioned whether he was fit to hold a vocational licence. After hearing detailed submissions from Martin Smith the Traffic Commissioner decided that the driver’s vocational licence could be returned 12 weeks after the end of the disqualification imposed by the Magistrates Court.