How do I get penalty points and what happens if I get too many?
In today’s fast paced world of driving, more and more people are becoming weighed down with penalty
points on their licence.
The fact of the matter is that losing your driving licence as a result, could have a serious impact
on your everyday life from hindering your journey to work to even losing your job.
Not a problem, we are here to help.
One essential point is that 12 points does not always lead to disqualification.
Should you have the prospect of penalty points looming, simply fill in our contact form or
call us and we’ll be on hand to start working on the defence of your driving licence.
But first let us help you understand the penalty points process.
Can I avoid losing my licence if I get 12 points?
Yes. If you build up 12 or more penalty points on your licence within a three
year period you could be disqualified. If you do face disqualification under this
rule you may be able to retain your licence if the Court finds that the loss of
your licence would cause you an exceptional hardship. This is a difficult process to
undergo as to give yourself the best chance of being successful you need to be fully
prepared. You should also be aware that there is case law which suggests that the
hardship suffered by others should be taken into consideration by the Court. You
should not think therefore that just because you do not have a strong argument with
your own circumstances that you have no case to put before the Court.
What happens if I have been given penalty points?
When you receive confirmation that you have committed a driving offence you need to know if you
can defend the matter. If you have been advised that you can do nothing to avoid penalty points,
you will have to produce your driving licence to either the police or the court.
You may be offered a fixed penalty option which means you will receive the standard number of
points and driving fine for that offence and you will not have to appear in court.
If the offence you have committed is more serious, you will not receive this option and will
have to appear in court.
Court cases are usually held by Magistrates courts but more serious driving offences may
be dealt with at Crown court.
If following advice you decide to contest an offence on which you have been offered a
fixed penalty you may choose to have the matter dealt with in a Magistrates court and
challenge the penalty points you have been given. If this is the case the police will issue
you with a summons giving you the opportunity to defend the case. If you are successful you
should receive no points, disqualification or fine but be aware that the court may increase
your points as well as your fine if you are unsuccessful.
If you are not offered a fixed penalty the matter will progress to Court regardless of
whether you intend to plead guilty
If the number of points upon your licence means that a fixed penalty would take the
points over twelve you will not be given the fixed penalty option regardless of the
circumstances surrounding the commission of the offence.
Once you receive penalty points they will be recorded on your driving record and driving
licence.
These procedures may seem daunting to you but don’t worry, we are here to help.
What are the driving offences I could get penalty points for?
There are many, each varying in the number of points you can be given. Here is a guide to
the most common driving offences:
| Offence |
Penalty points given |
Disqualification from driving? |
| Speeding |
3-6 |
Discretionary |
| Failure to give information as to identity of driver etc |
6 |
Discretionary |
| Motor racing on the highway |
3-11 |
Discretionary |
| Failing to comply with traffic light signals |
3 |
Discretionary |
| Driving without due care and attention |
3-9 |
Discretionary |
| Failing to stop after an accident and failing to report an accident |
5-10 |
Discretionary |
| Driving without insurance |
6-8 |
Discretionary |
| Driving without car tax |
0 |
No |
| Driving without a licence |
3-6 |
Discretionary |
| Driving without an MOT |
0 |
No |
How many penalty points will result in my disqualification from driving?
You will have your licence revoked if you receive six or more points within
the first two years of passing your driving test.
You will be disqualified from driving if you receive 12 or more points within a three year period. This may increase to up to two years if you have been disqualified previously.
Severe offences may result in automatic disqualification regardless of
how many points you had.
If you are facing penalty points, then act now! Contact us free
so that we can begin your Driving Defence!