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Carl Millar recently represented Mr D at Trafford Magistrates Court in Manchester, in relation to an allegation of failing to stop at the scene of an accident, failing to report an accident and careless driving. Mr D was a “new driver”( a new driver is governed by the Road Traffic (new drivers) Act 1995 which establishes a 2 year probationary period for newly qualified drivers and applies to any person who first passes a driving test on or after its commencement date, which was on June 1st 1997. The accumulation of 6 or more penalty points by such a driver before the end of the period of 2 years beginning on the date on which he first passed the driving test will result in the revocation of his licence and the requirement for him to pass another driving test in order to restore his previous entitlement), and therefore faced revocation of his licence if he accumulated 6 penalty points or more within the probationary period, which is 2 years from the date of passing your driving test.

Failing to stop at the scene of an accident carries between 5-10 endorsable penalty points. Likewise, failing to report an accident carries between 5-10 endorsable penalty points. Careless driving carries between 3-9 penalty points. Mr D was very concerned that his licence would be revoked and requested that Carl Millar try to persuade the Court to give him a short period of disqualification instead of his licence being revoked.

If somebody’s licence is revoked then they will need to arrange for a driving test once again which will involve applying for a provisional licence and being subject to the terms of a provisional licence, before having to pass both the theory and practical driving tests before they are in a position to be able to drive. Also, the penalty points will remain on the licence. All three aforementioned offences carry a discretionary period of disqualification.

In Mr D’s case, Carl Millar was able to persuade the Magistrates at Trafford Magistrates Court to disqualify Mr D for a very short period, instead of his licence being revoked. This has the advantage of the defendant not having to take his tests again, and he will have a clean licence once the period of disqualification has expired.