Disqualification

If you acquire 12 penalty points on your licence within 3 years (taken from the time of the conviction for the first until the commission of the last), the court will probably disqualify you from driving.

The number of points that may be endorsed on your licence by the court varies depending on the offence. For example speeding offences carry between 3 and 6 points.

Here is a list of penalties for common motoring offences

OffencePoints
Speeding3-6
Using a vehicle without insurance6-8
Failing to comply with traffic light signals3
Failing to stop after an accident5-10
Failing to give particulars or to report an accident5-10
Driving whilst disqualified by order of court6
Driving without due care and attention3-9
Driving without reasonable consideration for other road users3-9
In charge of a vehicle while alcohol level above limit11
Driving without due care and attention3-9
  
  
Some of these offences also carry mandatory disqualification in addition to penalty points.

For fuller information please visit www.direct.gov.uk/en/Motoring/DriverLicensing/ EndorsementsAndDisqualifications/DG_10022425

Can I successfully argue against points or disqualification?

Car keysIn certain circumstances it is possible to successfully argue what are called special reasons either not to endorse your licence with penalty points, or not to disqualify you. Special reasons are circumstances connected with the commission of the offence, such as driving in an emergency, driving to escape a threat, driving a very short distance, or driving after consuming laced drinks.

This is a very technical area of law but if argued correctly it can significantly reduce your sentence.

What if disqualification will cause me exceptional hardship?

If you can prove exceptional hardship the court may reduce the period or not disqualify at all. The burden will be on you as the driver to show that you or someone affected by your inability to drive will suffer exceptional hardship. The emphasis is on the word exceptional and so it must be out of the ordinary. If the Court does not disqualify you at all, the points remain on the licence. If you are disqualified the points are removed and you will have a clear licence when you start driving again.

Driving car

Good examples of exceptional hardship

Here are two examples or exceptional hardship that may result in a reduced or no disqualification:

  • Loss of job with severe financial consequences for either the driver or dependants
  • Severe consequences for employees if disqualification damages a business

Bad examples of exceptional hardship

Here are some examples of hardship that will probably not result in a reduced disqualification:

  • You will have to use public transport
  • You will have to pay a chauffeur or a friend or family member will have to drive you
  • You will lose some of your earnings or it will be expensive
  • You will have to get up earlier

I like to help

If you can provide me with the right information I can help you make a robust case against disqualification. For instance, if you are certain you will lose your job or suffer severe financial hardship, I can work with your employers or accountants to obtain and present the right information.

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