Points On Licence


Penalty points on licence

 

What are points on licence, endorsements and “totting up”?

Points on licence are a way of dealing with drivers who commit offences that are not serious enough to require a ban by themselves. If you accept a fixed penalty notice or are found guilty of an offence by a court, your licence will be “endorsed”. The endorsement shows the type of offence, the date and the number of penalty points you received for it. The process of getting more penalty points is known as “totting up”.

What is a fixed penalty notice?

Points on licence or fixed penalty notice is an offer from the police to accept a fine and/or points on licence instead of being prosecuted. You do not have to accept a fixed penalty notice, but the alternative of challenging the charge in court is risky, and may lead to you being banned from driving. If you receive 12 or more points, you will always go to court.

points on licence

THE SHORT BAN AS AN ALTERNATIVE TO POINTS

In some circumstances you can ask the court to impose a short disqualification (14 days for example) instead of endorsing points on licence. You can then arrange for someone else to drive you during that short driving ban period or even better take a couple of weeks holiday!

There are many reasons why someone may prefer to have a short ban instead of points on licence. For example, it may be worth doing if you already have points on licence and want to avoid a minimum 6 month ban under the ‘totting up’ provisions (often for speeding offences) (see the bottom of this page for an explanation of the term ‘totting up’) or perhaps you simply don’t like the thought of having points on your licence.

points on licence

 

Hire car companies in the UK have recently announced that drivers that don’t declare their points on their licences are leaving themselves open to trouble if they are caught.

Many drivers are attempting to keep their ever rising insurance premiums lower by not declaring any accidents or motoring offences on their licences. It is however a legal requirement to notify your vehicle insurer about any changes that affect the cover that they provide to you.

Failure to declare points (or an accident) can invalidate your licence, leaving you uninsured. As a consequence, if you then need to claim (having provided false information to your insurer) you may find that they don’t pay out. Drivers can also be prosecuted and face criminal charges for driving without insurance.

Interpreting the law can be a challenge as so many factors come into play depending on your offence. It’s never been more important to seek advice from one of the leading specialist UK driving solicitors such as Patterson Law if you have been accused of a motoring offence and are facing prosecution.

Statistically, drivers who defend themselves usually receive a more severe punishment than those who are represented by experienced solicitors and barristers. With so much at stake it makes sense to defend your licence and your right to drive as rigorously as you can.

 

 

Driving Ban For Speeding


Driving Bans For Speeding In The UK

 

All UK roads have speed limits. Drivers caught exceeding the given limit will be deemed to be speeding and consequently will receive a notification from the police. Evidence for speeding offences can take several forms including different types of speed cameras, (Gatso and Truvelo stationary cameras), constant speed SPECS, handheld detectors, mobile vans, in car Vascar devices, or the evidence of two police officers (or expert eye witnesses).

With more than 40 different kinds of devices to catch speeding motorists, it is easy to fall foul of the law. All devices must be correctly calibrated on a regular basis and in addition they need to be operated by properly trained officers. There are strict rules and regulations governing the use of all these devices, and failure on the part of the operating police officers to follow their protocols correctly will cause any prosecution to fail as their evidence will be considered to be unreliable.

Because very few officers are ever requested to show that they have been using the speed measuring device correctly, it is actually quite common to find that many officers don’t have a thorough understanding of the tests and checks that they are required to carry out before using and speed detection equipment.

To prove that and offence was committed, the prosecution are required to prove the offence beyond any ‘reasonable doubt’.

speeding offences

Will You Keep Your Licence After A Speeding Prosecution?

Although speeding normally carries 3 to 6 points, a licence ban for speeding can be applied at the magistrates discretion. It is therefore really important that you seek specialist legal advice to make sure that you use the best defence for your circumstances. In many instances, a driving ban can result in the loss of your job or other lifestyle difficulties.

Can I Be Banned For  Speeding If Currently I Have No Points?

If you have been summonsed to court for a speeding offence your licence can be revoked at the magistrates discretion (depending on the nature of the offence). There’s no defined limitation to the length of ban which magistrates can impose, but in the majority of cases it is usually for a period of up to 6 months. Even if you currently have no points at all, you can still be banned if the case includes aggravating circumstances, eg: driving at high speed or creating a danger for other motorists or road users.

driving ban for speeding

How to get out of a driving ban for speeding offence

The most obvious answer is not to speed in the first place. If you cannot obey the speed limit, then buy a speed detector as they work just like sat navs and beep when there is a speed camera coming up.

  • You may get a verbal warning; this is most likely if this was your first time being caught speeding.
  • You might be given the chance to attend a speed awareness course.
  • A speeding ticket can be issued (Fixed Penalty Notice) with a fine of £60 and 3 points on your licence
  • If you are prosecuted and taken to court, this can result in a fine up to £1000 and between 3-6 points on your licence. Note that if you are caught speeding on the motorway, the fine is £2,500