FAQ

How long will penalty points / endorsements stay on my driving licence?

This very much depends on the type of offence that you have committed.  If you accrue 12 or more penalty points within a period of 3 years, you will be disqualified under the totting up procedure unless we are able to persuade the Magistrates not to disqualify you as it may cause you and your family exceptional hardship.  Points run from the date of the offence and not the date of conviction.  In other words, as a matter of law, the penalty points will “drop off” as such after the expiration of three years from the date of the actual offence.
The above advice is purely in relation to the totting up procedure.  The penalty points / endorsements will physically remain on your licence, but you can apply to the DVLA in Swansea to have them removed after the expiration of four years from the date of the actual offence.  For more serious offences such as driving with excess alcohol or drinking / drug driving, the endorsements will remain on your driving licence for a period of 11 years.  The same applies to causing death by careless driving whilst under the influence of drink or drugs, or causing death by careless driving then failing to provide a specimen for analysis.

If I accumulate 12 penalty points or more, will I lose my licence?

Not necessarily!
You do face disqualification for a minimum period of six months if you build up 12 penalty points or more within a 3 year period.  You could avoid disqualification if the Court are persuaded that this may cause hardship to you, your family, your employees or anybody else likely to be affected by you being disqualified from driving for a period of six months.  This is called “exceptional hardship” and the Court must be persuaded that any period of disqualification will cause exceptional hardship not just to you but to others around you, with the emphasis being exceptional.

I am a new driver and I have built up 6 penalty points within the first 2 years of driving – will my licence be revoked?

You are classed as a “new driver” for the first two years (probationary period) after passing your driving test.  If you accumulate 6 penalty points or more (up to 11 points) within that probationary period, your licence will be automatically revoked by the DVLA.  The effect of this is that you must take (and pass!) your theory and practical driving tests once again before you may drive.  As a “new driver” having accumulated between 6-11 penalty points, you will not be able to advance an exceptional hardship argument to the Magistrates.
However, as a new driver, if you build up 12 penalty points or more within the first 2 years, you will actually be disqualified from driving as opposed to having your licence revoked.  In these circumstances (where you have actually accumulated 12 points or more within the first 2 years), we CAN advance an exceptional hardship argument on your behalf.

If I plead guilty to an allegation of driving with excess alcohol or failing to provide a specimen of breath, is there any possibility of avoiding a ban?  I have heard that you can argue exceptional hardship if you need your licence for your job?

The simple answer is no.  There is a mandatory period of disqualification of 12 months for anybody who is found guilty by the Court, or pleads guilty to the allegation of driving with excess alcohol or any other alcohol related offence, i.e. failing to provide a specimen of breath.  The driving disqualification may be reduced by up to a period of 25% if you successfully complete a drink drivers’ rehabilitation course, which may be offered by the Court.  An argument for “exceptional hardship” will NOT, under any circumstances, be accepted by the Magistrates if you plead, or are found guilty. The only way to avoid disqualification is to plead not guilty and be found not guilty by the Court.  It is important to bear in mind that the prosecution must prove the case against you beyond any reasonable doubt.  In drink driving cases, the prosecution must prove that the procedural requirements for the drink driving procedure has been complied with.  There are certain procedural requirements that are mandatory, and the prosecution cannot circumvent this if the procedure has not been followed properly.  It is not possible to carve out an exception to the rules and regulations laid down by parliament.

Can I go to prison if I am convicted of drink driving or failing to provide a specimen of breath?

The simple answer is yes.  Drink driving convictions can attract a custodial sentence, but this will depend on the severity of the offence committed.  A very high reading in breath, blood or urine could attract a custodial sentence, as could deliberate refusal to provide a specimen where there is evidence of intoxication.  The Magistrates Court Guidelines state that the starting point for a reading of 120ųg or above in breath is a custodial sentence.  Furthermore, if you commit a second, third or even more drink driving related offences within a ten year period, you are more likely to be sent to prison, even if you have a relatively low reading.

What level of fine can I expect?

Please see our Magistrates Court Guidelines page to see what level of fine you may be looking at.

Do you work on a no win / no fee basis?

No.  It is illegal for firms of solicitors to take instructions on a no win / no fee basis in criminal cases.  These types of arrangements can only be entered into with solicitors practising civil matters.

Can I get legal aid?

Legal aid may be available for more serious offences such as causing death by dangerous driving and certainly will be available in Crown Court matters.  However, here at Cunninghams Draycott Browne Solicitors we do not offer a legal aid service as we specialise in road traffic offences and will therefore only take instructions on a private retainer.