Death by Dangerous Driving - Driving Disqualification Lifted

Introduction

Patrick Boyers and Daniel Christian in our Business Crime and Regulation (BCR) department represented MC in an application to the Crown Court for the early removal of his driving disqualification under section 42 of the Road Traffic Offenders Act 1988. Following careful preparation and detailed submissions, the application was granted, allowing MC to apply for the extended re-test for the return of his driving licence from 31 August 2025, having previously been subject to a driving disqualification due to end on 04 December 2027.

Background

MC was disqualified from driving following a serious road traffic offence which resulted in a death of a road user. MC was sentenced in 2019 for Death by Dangerous Driving and was released from custody in 2022. MC instructed JMW to prepare and submit an application for the early removal of his driving disqualification once he became eligible to do so (i.e., after 05 June 2025 according to the legislation).

Since release, MC completed his sentence and licence period without breach and has remained offence-free for more than four years.

During this time, MC demonstrated significant rehabilitation. He obtained qualifications such as MBQ Level 2 in Rail Infrastructure and an Excavator 360 licence and he secured part-time work in agricultural contracting. However, full-time employment in this field requires transporting heavy machinery to off-site locations. Several employers confirmed they would offer him full-time work immediately if his licence were restored.

Alongside his employment efforts, MC has endured considerable personal difficulties, including the deaths of his father in 2021 and mother in 2024. He continues to provide support to his stepmother, who suffers from arthritis. These factors, together with his limited ability to work, had a significant impact on his mental health.

Legal Framework

Under section 42(2) of the Road Traffic Offenders Act 1988, the court must consider:

• The character and conduct of the applicant since conviction
• The nature of the original offence
• Any other relevant circumstances

Case law such as R v Backhouse [2010] EWCA Crim 1111 emphasises that disqualification must remain proportionate to the purpose it serves.

Preparing the Application

Considerable work was undertaken to prepare MC’s application. This included:

• Obtaining and reviewing his medical records to evidence the impact of bereavement and the deterioration in MC’s mental health.
• Liaising with his previous probation officer, who had supervised him during his time in custody, to support submissions regarding his conduct and compliance.
• Collecting and drafting detailed references from employers and family members and working closely with referees.
• Compiling a mitigation bundle containing extracts of medical records, professional references, and evidence of employment opportunities.
• Working collaboratively with counsel to refine the skeleton argument and ensure submissions addressed each element of section 42.

This structured approach ensured the court had a clear and well-supported picture of MC’s progress, current circumstances, and future prospects.

Decision

The matter was called before the Crown Court and after considering the detailed mitigation bundle and skeleton argument served in advance of the hearing, the Judge accepted that the statutory test was satisfied. In communicating his decision, the Judge recognised MC’s exemplary conduct since his sentence, the genuine employment opportunities available to him, the evidence of his deteriorating mental health and the proportionality of reducing the ban at this stage.

The application was granted, and MC is now eligible to apply for the extended re-test to recover his driving licence from 31 August 2025.

Conclusion

By gathering medical and probation evidence, securing personal and professional references and presenting a comprehensive mitigation bundle with counsel, we were able to show that the purposes of disqualification had been fulfilled and that the public interest was best served by allowing MC to return to work and stability.