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MOTORING OFFENCES
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New Driver Offences
For the first two years of driving, a driver is known as a new or ‘probationary’ driver. The law treats new drivers differently. During the probationary period, should a driver obtain six or more penalty points their driving licence will be revoked by the Driver and Vehicle Licensing Agency (DVLA).
New drivers are often young drivers, who lack driving experience. The areas of law which most commonly affect new drivers include, driving without due care and attention, failing to stop or report an accident, and speeding. Any of these offences could lead to an outright disqualification or penalty points being imposed.
Some offences carry mandatory disqualification, whether or not the driver is a new driver. These include drink driving and dangerous driving. A new driver who accrues six or more points, and has their licence revoked, will revert to a learner driver status. There is also the likelihood of an increase in insurance premiums.
We will guide you through the entire process and advise you on your options. We may be able to help you avoid disqualification. We will do everything we can to ensure that we obtain the best possible outcome for you.
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Disqualification
“Totting Up”
As a full licence holder, if you accrue 12 or more penalty points in any three year period you would be disqualified under the totting provisions. The disqualification would be for a minimum period of six months. In some circumstances it is possible to persuade the court that you, or a third party, would suffer exceptional hardship as a result. If this is achieved the court can exercise its discretion to impose a shorter disqualification, or no disqualification at all. We are able to advise you whether this argument is available to you, and if it is, to present the argument to the court on your behalf.
A number of offences carry an outright disqualification. These include drink driving, dangerous driving and failing to provide a sample. In all cases our team will carefully analyse the evidence, and advise you on your plea.
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Early return of driving licence
If you have been disqualified from driving, it may be that you are able to apply for your driving licence to be returned early. We will be able to advise you whether this applies to you, and if so, how to make the necessary application.
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Esther Tan
Jenna Sarson
Aswathy Sarson