Drug driving 3rd offence

[Gary1992]

Drug driving second offence within a ten year period is mandatory 3 years ban, how long would the ban be if there was. 3rd offence in ten years please?

[R0b]

Hi

Suggest you read the sentencing guidelines below.

https://www.sentencingcouncil.org.uk...ecified-limit/

[islandgirl]

You may be looking at a prison sentence (possibly suspended) but it depends on circumstances of course as well as a very hefty ban

[DE DOGS]

You would think that after one ban, the lesson should be enough, (my thoughts only) but to do it twice is stupid, so take a look a the accidents on the road, and the repercussions, my friend but if you never learnt your lesson the first time, keep your head down, as the saying goes, do the crime, do the time.

[Gary1992]

I never said it was me that had been banned guys but thanks, i knew about the possibility of prison for 3rd offence was just woundering how long the ban would be. 5 years?

[wales01man]

Is this your third offence or just a question

[Gary1992]

Its not me that has commited the offence, im concerned about a friend

[Gary1992]

Ive got the answer now. It is indeed 5 years for the 3rd offence thank you anyway guys

[islandgirl]

Where in the guidelines did that appear, out of interest?

[HandyAndy]

Where in the guidelines did that appear, out of interest?

It doesn't appear anywhere and nor, as far as I can see, does it appear in any legislation. As far as I can tell, the legislation simply mentions a "previous conviction within the last ten years" (for which the minimum ban is three years). Of course there is nothing to prevent the court imposing a longer ban than the minimum, which I suspect they will in the event of a third conviction.

[islandgirl]

I agree. I could not see 5 years anywhere which is why I asked. It would certainly be longer than 3....

[Gary1992]

Island girl i have found somebody that had been charged with the 3rd offence in 10 years and they got 5 year ban. Also on the sentenceing guideline category 1 says 36-60 month ban

[islandgirl]

Thank you but 60 is the guideline for 2nd offence. 3rd can go beyond this of course. There is no 5 years set in stone (sorry). Every scenario is different and will be judged differently by the magistrates on the day given all the circumstances.

[HandyAndy]

Island girl i have found somebody that had been charged with the 3rd offence in 10 years and they got 5 year ban. Also on the sentenceing guideline category 1 says 36-60 month ban

Very likely. And if you looked hard enough you may have found somebody else who received a three year ban for a third offence because that is the legal minimum. You will also note that the guideline which suggest a 36-60 month ban refers to a second offence in 10 years, not a third.

Your original question gave the impression you were asking about minimum mandatory disqualifications, not Magistrates' guidelines:

"Drug driving second offence within a ten year period is mandatory 3 years ban, how long would the ban be if there was. 3rd offence in ten years please?"

So the correct answer to your question is that the minimum ban for a third offence is also three years. But there is nothing preventing Magistrates from imposing a longer ban - and as you have discovered, the likelihood is that they will.