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The Penalty Points System Explained

 

How The Points System Works

Often when a motorist is convicted of an offence he/she may as part of the sentence may receive penalty points to be endorsed on his/her driving licence, but while we're all aware of points, many of us are unsure of how the points system works.

In the event of points being given, the lowest amount that can be received is three points for lesser offences and for serious offences the maximum given is eleven, with the majority of offences warranting three points or more penalty points. In certain cases points are given for multiple occurrences of the same crime (for example if more than one tyre is defective) and penalty points are usually obligatory but the actual number of points is discretionary.

Each endorsement has an offence code relating to a specific offence and is written on the counterpart section of your photo card driving licence and if you have been convicted of an offence and receive points then you will need to produce your driving licence to either the police, the fixed penalty office (FPO) or at your court appearance.

Depending on the offence the penalty points must stay on your licence for a duration of either four or eleven years. They stay on for four years if you have committed reckless/dangerous driving, offences resulting in disqualification or have been disqualified from driving until a driving test has been passed, and for eleven if the conviction is related to drugs or drinking and driving, causing death by careless driving while under the influence, or causing death by careless driving, then failing to provide a specimen for analysis.

If after you have received points, you are convicted for another offence you can still be given points and if in any three year period you receive more than 12 then as part of the totting up system you will lose your licence.

Furthermore, if in the in the first two years of driving six or more penalty points are accumulated then you will be reduced to provisional driver status and you must retake your test to obtain your full driving licence entitlement.

Our expert Motoring Solicitor Mike Gray explains:

"If a motorist is facing 12 points or more then there may be scope to argue to the court that, exceptionally, a disqualification should not follow. This for example would be if the court were satisfied that there were special reasons in the particular case or that the motorist would suffer exceptional hardship if he/she was to lose his/her licence.

This area of law is complicated and a motorist in this position would be well advised to speak to an experienced motor law solicitor."

If you would like more information, the points system explained in more detail,, or details of our competitive rates then please contact the motoring department direct on:

                       01244 354689

                                                  (8am to 8pm)

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