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Penalty Points,Endorsements & Disqualification

PENALTY POINTS/ENDORSEMENTS

If you are convicted of a motoring offence the Courts can endorse your licence with penalty points.

TOTTING UP/DISQUALIFICATION

If you accrue 12 or more penalty points on your licence within 3 years then you become liable for disqualification under the "Totting Up" provisions. A "Totting Up" disqualification would be for a minimum of 6 months. The periods of disqualification can be increased in certain circumstances. The only way to avoid a "Totting Up" disqualification would be to be disqualified for the actual offence if the offence carries a discretionary disqualification or for "Exceptional Hardship" to be found.

TOTTING UP/EXCEPTIONAL HARDSHIP

Where an individual is convicted of an offence and that offence requires the court to endorse the defendants licence with penalty points and those penalty points together with any other relevant penalty point's total 12 then the defendant must be disqualified from driving for a period not less than the minimum period.

The relevant penalty points must have been imposed in the 3 years prior to the commission of the current offence before the court.

Where the defendant does not have another relevant disqualification the minimum period of disqualification is one of 6 months. This period increases in certain circumstances.

It is possible to avoid a disqualification under the "totting up" provisions. This is a complicated area and expert advice and representation should be sought.

SPECIAL REASONS

Where the offence carries penalty points or a disqualification this may be avoided if "Special Reasons" exist. For example, where an emergency situation led to the offence being committed or your drink was spiked. The Court would expect to hear some evidence in support of the argument and there are significant limits to this argument so you should contact us for further advice. You should note that "Special Reasons" do not make you Not Guilty of the offence they simply go to the issue of endorsement/disqualification.

ADDITIONAL PENALTIES

In additional to those penalties stated the Court is also likely to impose a fine and order a contribution towards the Prosecution's costs, subject to means.

A vast number of Road Traffic Offences require the Court upon conviction to endorse the defendant's driving licence with penalty points. This can have very serious consequences.


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