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DISQUALIFICATION FROM DRIVING: AN EFFECTIVE PENALTY?

NCJ Number
141918
Author(s)
C Mirrlees-Black
Date Published
1993
Length
63 pages
Annotation
The number of drivers disqualified from driving is likely to increase in Great Britain with the introduction of technology to detect and prosecute road traffic offenses under provisions of the 1991 Road Traffic Act.
Abstract
More drivers will receive penalty points and hence be disqualified under totting up rules. In addition, the 1988 Road Traffic Law Review suggested that, in some cases currently dealt with only by fine and penalty points, short periods of disqualification should be used by the courts. Some officials believe, however, that disqualification has lost its credibility as a penalty due to the number of offenders convicted of driving under the influence. A study conducted to assess the three objectives of disqualification (retribution, deterrence, and restraint) involved 90 offenders who had been disqualified from driving for various offenses for periods ranging from 2 weeks to 10 years. Interviews with these offenders indicated that disqualification was certainly a punishment and that longer disqualifications imposed for more serious offenses had the greatest impact. However, the degree of punishment experienced was also related to personal circumstances of the offender. The self-employed and those whose work was driving-related were particularly vulnerable. Several offenders lost their jobs as a direct result of disqualification, and this caused hardship for them and their families. The author concludes that disqualification can only deter traffic offending if potential offenders are aware of it as a possible penalty. Nonetheless, objectives of disqualification will not be realized if drivers continue to drive as they did previously and do not experience any inconvenience from the penalty. Appendixes provide additional information on the penalty of disqualification and a list of subjects used in the study. References and tables