Penalty Points/Totting up
It is a fact that more and more people are becoming weighed down with penalty points on their licence. Losing your driving licence as a result, could have a serious impact on your everyday life.
12 points does not always lead to disqualification and this is where we can help.
A guide to the most common driving offences:
| Offence | Penalty points given | Disqualification from driving? |
| Speeding | 3-6 | Discretionary |
| Failure to give information as to identity of driver etc | 6 | Discretionary |
| Motor racing on the highway | 3-11 | Discretionary |
| Failing to comply with traffic light signals | 3 | Discretionary |
| Driving without due care and attention | 3-9 | Discretionary |
| Failing to stop after an accident and failing to report an accident | 5-10 | Discretionary |
| Driving without insurance | 6-8 | Discretionary |
| Driving without car tax | 0 | No |
| Driving without a licence | 3-6 | Discretionary |
| Driving without an MOT | 0 | No |
What happens if I have been given penalty points?
When you receive confirmation that you have committed a driving offence you need to know if you can defend the matter. If you have been advised that you can do nothing to avoid penalty points, you will have to produce your driving licence to either the police or the court.
You may be offered a fixed penalty option which means you will receive the standard number of points and driving fine for that offence and you will not have to appear in court. If the offence you have committed is more serious, you will not receive this option and will have to appear in court. Court cases are usually held by Magistrates courts but more serious driving offences may be dealt with at Crown court.
If following advice you decide to contest an offence on which you have been offered a fixed penalty you may choose to have the matter dealt with in a Magistrates court and challenge the penalty points you have been given. If this is the case the police will issue you with a summons giving you the opportunity to defend the case. If you are successful you should receive no points, disqualification or fine but be aware that the court may increase your points as well as your fine if you are unsuccessful.
If you are not offered a fixed penalty the matter will progress to Court regardless of whether you intend to plead guilty. If the number of points upon your licence means that a fixed penalty would take the points over twelve you will not be given the fixed penalty option regardless of the circumstances surrounding the commission of the offence. Once you receive penalty points they will be recorded on your driving record and driving licence.
How many penalty points will result in my disqualification from driving?
You will have your licence revoked if you receive six or more points within the first two years of passing your driving test. Severe offences may result in automatic disqualification regardless of how many points you had.
Can I avoid losing my licence if I get 12 points?
Yes. If you build up 12 or more penalty points on your licence within a three year period you could be disqualified. If you do face disqualification under this rule you may be able to retain your licence if the Court finds that the loss of your licence would cause you an exceptional hardship. This is a difficult process to undergo as to give yourself the best chance of being successful you need to be fully prepared. You should also be aware that there is case law which suggests that the hardship suffered by others should be taken into consideration by the Court. You should not think therefore that just because you do not have a strong argument with your own circumstances that you have no case to put before the Court.
No doubt all of these procedures may seem daunting to you which is why we are here to help.
