Penalty Points

The majority of motoring offences carry penalty points. These can range between three and ten in number.  Any offence which carries mandatory endorsement with points also carries the possibility of a discretionary disqualification.

An accumulation of penalty points can result in a disqualification under the “totting up” provisions – you should see our notes on “totting up” on this website.  Penalty points can be avoided in certain circumstances if there are “special reasons” for not endorsing. These must relate to the circumstances surrounding the commission of the offence and not the circumstances of the offender.

Offences for which “special reasons” can be found include speeding, traffic light offences, careless driving, drunk in charge, no insurance, no driving licence, defective vehicle and many more.

In certain circumstances the court must not endorse a driving licence in situations where, say, there is a defect on a vehicle which is unknown to the driver and which could not have been reasonably detected.

Penalty points physically stay on the driving record for four years but count towards “totting up” for three years. The period goes from date of offence to date of offence.  If you are facing a prosecution for any offence which carries the possibility of penalty points you should seek advice immediately to make sure you are not getting points unnecessarily.

New Drivers face a different problem. If you have six points ordered against your licence within the first two years of passing your driving test you go back to square one and go back to provisional licence status. You then have to take your test all over again.

There are certain ways round it but you need to know what you are doing.

In any of these situations call us AS SOON AS POSSIBLE.

Talk to our MotoringOffences.com team who are on hand to help you

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